ITO, CHENNAI V. Intellectual Realty, CHENNAI

MA 306/CHNY/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5191 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 20-01-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 11-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: A S SRIRAMAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.A. NO. 306/MDS/2016 [ IN I.T.A. NO. 1074/MDS/2013] ASSESSMENT YEAR: 2009-10 THE INCOME TAX OFFICER, BUSINESS WARD XV(4), [NOW NON CORPORATE WARD 3(4)], CHENNAI 34. V. M/S. INTELLECTUAL REALITY OLD NO.34, NEW NO.58, VEERABADRAN STREET, NUNGAMBAKKAM, CHENNAI 600 034. PAN: AADFI1760N (APPLICANT ) ( /RESPONDENT) APPLICANT BY : SHRI SUPRIYO PAL, JCIT RESPONDENT BY : SHRI A.S. SRIRAMAN, ADVOCATE /DATE OF HEARING : 20.01.2017 /DATE OF PRONOUNCEMENT : 20.01.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THE REVENUE FILED THE PRESENT MISCELLANEOUS PETIT ION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL DATED 22.07.2016. 2. SHRI SUPRIYAPAL, THE LD. DEPARTMENTAL REPRESENTA TIVE SUBMITTED THAT WHILE DISPOSING OFF THE APPEAL, THIS TRIBUNAL OMITTED TO CONSIDER A SPECIFIC GROUND RAISED BY THE REVENUE IN GROUND NO. 4.1 TOWARDS 2 MP NO. 306/MDS/2016 DISALLOWANCE MADE BY THE ASSESSING OFFICER UNDER SE CTION 40(A)(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). ACC ORDING TO THE LD. DEPARTMENTAL REPRESENTATIVE THE ASSESSING OFFICER D ISALLOWED 18,91,958/- UNDER SECTION 40(A)(3) OF THE ACT. THI S GROUND WAS NOT ADJUDICATED WHILE DISPOSING OFF THE APPEAL. THEREF ORE THE NON-DISPOSAL OF THE SPECIFIC GROUND RAISED BY THE REVENUE IS AN ERR OR WITHIN THE MEANING OF SECTION 254(2) OF THE ACT. 3. WE HEARD SHRI A.S. SRIRAMAN, THE LD. COUNSEL FOR THE ASSESSEE ALSO. THE LD. COUNSEL VERY FAIRLY SUBMITTED THAT T HE REVENUE HAS SPECIFICALLY RAISED GROUND NO.4.1 WITH REGARD TO DI SALLOWANCE MADE BY THE ASSESSING OFFICER UNDER SECTION 40(A)(3) OF THE ACT. THE NON- CONSIDERATION OF THE GROUND SPECIFICALLY RAISED WOU LD AMOUNT TO AN ERROR WITHIN THE MEANING OF SECTION 254(2) OF THE ACT. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. ADMITTEDL Y, THE SPECIFIC GROUND RAISED IN GROUND NO.4.1 WITH REGARD TO DISALLOWANCE OF 18,91,958/- UNDER SECTION 40(A)(3) OF THE ACT IS NOT DISPOSED O FF BY THIS TRIBUNAL, WHILE DISPOSING OFF THE APPEAL. THEREFORE, NON-DI SPOSAL OF SPECIFIC GROUND IS AN ERROR WITHIN THE MEANING OF SECTION 25 4(2) OF THE ACT. THEREFORE, THIS NEEDS TO BE RECTIFIED. IN OTHER WO RDS, THE SPECIFIC GROUND RAISED BY THE REVENUE AS GROUND NO.4.1 WITH REGARD TO DISALLOWANCE OF 3 MP NO. 306/MDS/2016 18,91,958/- UNDER SECTION 40(A)(3) OF THE ACT NEEDS TO BE DISPOSED OFF. ACCORDINGLY, FOR THE PURPOSE OF DISPOSAL GROUND 4.1 OF THE APPEAL, THE APPEAL OF THE REVENUE NEEDS TO BE REOPENED. ACCORD INGLY, THE APPEAL NO.1074/MDS/2013 IS REOPENED AND THE REGISTRY IS DI RECTED TO POST THE APPEAL FOR FINAL DISPOSAL ON 07/03/2017. SINCE THE DATE IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, IT MAY NOT BE NECESSARY FOR THE REGISTRY TO ISSUE NOTICE OF HEARI NG FOR HEARING ON 07.03.2017. IN OTHER WORDS, COPY OF THIS ORDER SH ALL BE TREATED AS NOTICE OF HEARING ON 07.03.2017. 5. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH JANUARY, 2017 AT CHENNAI. SD/- SD/- ( . ) ( . . . ) (A. MOHAN ALANKAMONY) (N.R.S. GAN ESAN) /ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, /DATED, THE 20 TH JANUARY, 2017. JR. /COPY TO: 1. APPLICANT 2. /RESPONDENT 3. ( )/CIT(A)-1, MADURAI 4. /CIT, 5. ! /DR 6. '#$ /GF.