M/s. Chennai Metro Rail Ltd., CHENNAI V. DCIT, CHENNAI

MA 237/CHNY/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5857 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 10-08-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN
• Assessee Lawyers: G BASKAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI ... , !',$ %& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER '' / M.P. NOS.236 & 237/MDS/2017 (IN I.T.A. NOS.2230 & 2232/MDS/2016) ( )( / ASSESSMENT YEARS : 2011-12 & 2012-13 M/S CHENNAI METRO RAIL LTD., CHENNAI METRO DEPOT, ADMINISTRATIVE BUILDING, POONAMALLEE HIGH ROAD, (NEAR KOYAMBEDU METRO STATION), CHENNAI - 600 107. PAN : AADCC 2233 K V. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE (2), CHENNAI. (+,( /PETITIONER) (+-,./ RESPONDENT) +,( 0 1 /PETITIONER BY : SHRI G. BASKAR, ADVOCATE +-,. 0 1 / RESPONDENT BY : SHRI N. MADHAVAN, ADDL. CIT 2 0 3$ / DATE OF HEARING : 13.10.2017 4!) 0 3$ / DATE OF PRONOUNCEMENT : 17.10.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THESE MISCELLANEOUS PETITI ONS ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL DATED 23 RD MARCH, 2017. 2 M.P. NOS.236 & 237/MDS/17 2. SHRI G. BHASKAR, THE LD. COUNSEL FOR THE ASSESSE E, SUBMITTED THAT THIS TRIBUNAL HAS NOT CONSIDERED THE CIRCULAR ISSUED BY URBAN DEVELOPMENT MINISTRY DECLARING THAT THE ASSESSEES INCOME IS NOT TAXABLE. ON A QUERY FROM THE BENCH, HOW CAN ONE GO VERNMENT DEPARTMENT ISSUE CIRCULAR CONTRARY TO THE PROVISION S OF THE ACT PASSED BY THE PARLIAMENT, THE LD. COUNSEL COULD NOT GIVE ANY PROPER EXPLANATION. 3. WE HAVE HEARD SHRI N. MADHAVAN, THE LD. DEPARTME NTAL REPRESENTATIVE ALSO. THIS TRIBUNAL IS OF THE CONSI DERED OPINION THAT THE URBAN DEVELOPMENT MINISTRY CANNOT ISSUE ANY CIR CULAR CONTRARY TO THE PROVISIONS OF THE INCOME-TAX ACT. INCOME-TA X ACT BEING A SPECIAL ENACTMENT FOR ASSESSMENT OF TAXABLE INCOME, LEVY OF TAX THEREON AND COLLECTION OF TAX, THE URBAN DEVELOPMEN T MINISTRY CANNOT ISSUE ANY CIRCULAR WITH REGARD TO TAXABILITY OR OTHERWISE OF THE INCOME EARNED BY THE ASSESSEE. THE LD. COUNSEL FUR THER CLARIFIED THAT THERE IS NO PROVISION IN THE INCOME-TAX ACT TO EXEMPT THE INTEREST INCOME EARNED BY THE ASSESSEE FROM TAXATIO N. IN THE ABSENCE OF ANY SPECIFIC PROVISION IN THE INCOME-TAX ACT EXEMPTING THE INCOME EARNED BY THE ASSESSEE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THERE IS NO ERROR IN THE OR DER OF THIS TRIBUNAL. 3 M.P. NOS.236 & 237/MDS/17 4. SHRI G. BHASKAR, THE LD. COUNSEL FOR THE ASSESSE E, FURTHER SUBMITTED THAT IN THE CAUSE TITLE, THE ADDRESS GIVE N BY THE ASSESSEE FOR SERVICE OF NOTICE WAS MENTIONED IN COLUMN 10 AS IN THE CAUSE TITLE OF FORM 36. THE LD. COUNSEL SUBMITTED THAT T HE ADDRESS GIVEN IN THE CAUSE TITLE IS DIFFERENT AND THE ADDRESS FOR COMMUNICATION GIVEN IN COLUMN 10 OF FORM 36 IS DIFFERENT. THE LD . COUNSEL FURTHER SUBMITTED THAT AN APPEAL WAS FILED BY THE ASSESSEE BEFORE THE HIGH COURT. SINCE THE CAUSE TITLE IS DIFFERENT FROM THA T ONE MENTIONED IN FORM 36, ACCORDING TO THE LD. COUNSEL, THE APPEAL W AS RETURNED BY THE HIGH COURT FOR RECTIFICATION, THEREFORE, THE CA USE TITLE MAY BE RECTIFIED BY INCORPORATING THE ADDRESS GIVEN IN CAU SE TITLE OF FORM 36. 5. WE HAVE HEARD LD. D.R. ALSO. THE LD. D.R. HAS N O OBJECTION TO RECTIFY THE CAUSE TITLE BY INCORPORATING THE ADD RESS GIVEN IN FORM 36. IN VIEW OF THE ABOVE, THE CAUSE TITLE MENTIONE D IN THE ORDER OF THE TRIBUNAL DATED 23.03.2017 IS RECTIFIED AS FOLLO WS:- M/S CHENNAI METRO RAIL LTD., CHENNAI METRO DEPOT, ADMINISTRATIVE BUILDING, POONAMALLEE HIGH ROAD, (NEAR KOYAMBEDU METRO STATION), CHENNAI - 600 107. PAN : AADCC 2233 K V. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE (2), CHENNAI. 4 M.P. NOS.236 & 237/MDS/17 5. THE FOLLOWING CAUSE TITLE MENTIONED IN THE ORDER OF THIS TRIBUNAL SHALL BE DELETED:- M/S CHENNAI METRO RAIL LTD., C/O M/S DR. ANITA SUMANTH, G. SUSHEELA, VIJAY KUMAR PUNNA & SUSHMA HARINI A, ADVOCATES, 51/24, NUNGAMBAKKAM HIGH ROAD, CHENNAI - 600 034. V. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE (2), CHENNAI. 6. IN THE RESULT, BOTH THE MISCELLANEOUS PETITIONS FILED BY THE ASSESSEE ARE PARTLY ALLOWED. ORDER PRONOUNCED COURT ON 17 TH OCTOBER, 2017 AT CHENNAI. SD/- SD/- ( !' ) ( ... ) (SANJAY ARORA) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 6 /DATED, THE 17 TH OCTOBER, 2017. KRI. 0 +37' 8')3 /COPY TO: 1. +,( / PETITIONER 2. +-,. /RESPONDENT 3. 2 93 () /CIT(A) 4. 2 93 /CIT 5. ': +3 /DR 6. ;( < /GF.