PANDIAN CHEMICALS LIMITED, MADURAI V. DCIT CIRCLE 2, MADURAI

MA 300/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7558 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 09-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARV SREENIVASAN JCIT
• Assessee Lawyers: S CHANDRASEKARAN
• Section: 14A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , !' #'$ % !, & ' ' SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER (!(! ' / M.P. NOS.300 & 301/CHNY/2019 (IN I.T.A. NOS.1820 & 1821/CHNY/2019) !) / ASSESSMENT YEARS : 2010-11 & 2014-15 M/S PANDIAN CHEMICALS LTD., NO.17-A, VALLABHAI ROAD, CHOKKIKULAM, MADURAI 625 002. PAN : AABCP 6618 D V. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2, MADURAI. (+ /PETITIONER) (+,-/ RESPONDENT) + / 0 /PETITIONER BY : SHRI S. CHANDRASEKARAN, CA +,- / 0 / RESPONDENT BY : SHRI AR.V. SREENIVASAN, JCIT 1 ! / 2& / DATE OF HEARING : 17.01.2020 34) / 2& / DATE OF PRONOUNCEMENT : 20.01.2020 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER: BOTH THE MISCELLANEOUS PETITIONS ARE FILED BY THE ASSESSEE. 2. LETS FIRST TAKE M.P. NO.300/CHNY/2019. IN THIS MISCELLANEOUS PETITION THE ASSESSEE PRAYS THAT THE GROUND NO.3 IN I.T.A. NO.1820/CHNY/2019 FOR THE ASSESSMENT YEAR 20 10-11 WAS NOT 2 M .P. NOS.300 & 301/CHNY/19 ADJUDICATED BY THIS TRIBUNAL WHILE PASSING THE IMPU GNED ORDER DATED 5 TH NOVEMBER, 2019. 3. AFTER HEARING THE RIVAL SUBMISSIONS AND PERUSING MATERIAL AVAILABLE ON RECORD, WE ARE OF THE CONSIDERED OPINI ON THAT THE GROUND NO.3 REMAINS UNADUDICATED BY THIS TRIBUNAL A ND THEREFORE, WE RECALL THE APPEAL NO.1820/CHNY/2019 FOR THE ASSE SSMENT YEAR 2010-11 FOR THE LIMITED PURPOSE OF ADJUDICATING THE GROUND NO.3. THE REGISTRY IS DIRECTED TO POST THE APPEAL IN THE REGULAR COURSE OF HEARING. 4. VIDE M.P. NO.301/CHNY/2019, THE ASSESSEE PRAYS T HAT THE ORDER OF THIS TRIBUNAL FOR THE EARLIER YEAR WAS NOT CONSIDERED IN SUPPORT OF DELETION OF ADDITION UNDER SECTION 14A O F THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 5. ON THE OTHER HAND, THE LD. D.R. OPPOSED THE MISC ELLANEOUS PETITION. 6. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED MATER IAL AVAILABLE ON RECORD. THE TRIBUNAL WHILE PASSING TH E ORDER CATEGORICALLY UPHELD THAT THE APPLICABILITY OF PROV ISIONS OF SECTION 14A OF THE ACT ONCE THE ASSESSEE EARNED THE EXEMPTE D INCOME. THE FACT THAT IN THE EARLIER YEAR, THE TRIBUNAL DEL ETED THE ADDITION 3 M .P. NOS.300 & 301/CHNY/19 CANNOT BE A GROUND TO GRANT RELIEF TO THE ASSESSEE FOR THE YEAR AS EACH YEAR IS A DISTINCT AND SEPARATE UNIT OF ASSESS MENT, THE PRINCIPLE OF RES JUDICATA ARE NOT APPLICABLE IN THE INCOME-TAX PROCEEDING. 7. WITH THE ABOVE OBSERVATION, M.P. NO.300/CHNY/201 9 STANDS ALLOWED AND M.P. NO.301/CHNY/2019 STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 20 TH JANUARY, 2020 AT CHENNAI. SD/- SD/- ( ) (#'$ % ! ) (GEORGE MATHAN) (INTURI RAMA RAO) /JUDICIAL MEMBER & / ACCOUNTANT MEMBER /CHENNAI, 6' /DATED, THE 20 TH JANUARY, 2020. KRI. 7 / +28( 9()2 /COPY TO: 1. + / PETITIONER 2. +,- /RESPONDENT 3. 1 :2 () /CIT(A) 4. 1 :2 /CIT 5. (!;< +2 /DR 6. <= > /GF.