Shri N.Baskaran, Trichy V. DCIT, Trichy

MA 235/CHNY/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7485 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 06-01-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 21-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E B RENGARAJAN JUNIOR
• Assessee Lawyers: S SRIDHAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER M.A.NOS. 235 & 236/MDS/2011 (IN I.T.A.NOS. 390 & 391/MDS/2011) (ASSESSMENT YEARS : 2004-05 & 2007-08) SHRI N. BASKARAN, 17, RENGA COMPLEX, CHINTHAMANI, TRICHY-2. PAN AAIPB 6004 H VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-I, TIRUCHIRAPALLI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI S. SRIDHAR, ADVOCATE RESPONDENT BY : SHRI K.E.B.RENGARAJAN, JU NIOR STANDING COUNSEL DATE OF HEARING : 6 TH JANUARY, 2012 DATE OF PRONOUNCEMENT : 9 TH JANUARY, 2012 O R D E R PER DR. O.K. NARAYANAN, VICE-PRESIDENT THESE TWO PETITIONS FILED BY THE ASSESSEE SEEK TO R ECTIFY THE ALLEGED MISTAKE APPARENT ON THE COMMON ORDER PASSED BY THE TRIBUNAL IN ITA NOS.390 & 391/MDS/11 DATED 8 TH SEPTEMBER, MA 235 & 236/11 :- 2 -: 2011. IT IS THE CASE OF THE ASSESSEE PETITIONER TH AT THE GROUNDS RAISED BEFORE THE TRIBUNAL WERE AGAINST THE ADDITIO NS MADE UNDER SEC.69, WHEREAS THE TRIBUNAL HAS CONFIRMED THE ADDI TIONS UNDER A DIFFERENT SEC.41(1) OF THE INCOME-TAX ACT, 1961 WHI CH IS PATENTLY A MISTAKE LIABLE TO BE RECTIFIED. 2. IT IS THE CASE OF THE PETITIONER THAT WHILE INVO KING SEC.41(1), THE TRIBUNAL HAS NOT MADE A FINDING WHETHER THE LIA BILITIES HAD CEASED TO EXIST OR NOT. 3. IN VIEW OF THE ABOVE PERTINENT QUESTION POINTED OUT BY THE PETITIONER, WE FIND IT NECESSARY TO EXAMINE THE EXA CT NATURE AND POSITION OF THE LIABILITIES/ADDITIONS AGITATED IN T HE APPEALS. ACCORDINGLY, THE COMMON ORDER OF THE TRIBUNAL DATED 8 TH SEPTEMBER, 2011 IN I.T.A.NOS. 390 & 391/MDS/11 IS R ECALLED FOR THE PURPOSE OF HEARING AND DISPOSE OF THE APPEALS A FRESH. 4. THESE RECALLED APPEALS ARE POSTED FOR HEARING TO 7 TH MARCH, 2012. 5. THESE MISCELLANEOUS PETITIONS ARE ACCORDINGLY AL LOWED. MA 235 & 236/11 :- 3 -: ORDER PRONOUNCED ON MONDAY, THE 9 TH OF JANUARY, 2012 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR.O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 9 TH JANUARY, 2012 MPO* COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR