M/s Kwality Overseas (P) Ltd., Ludhiana V. ACIT, Ludhiana

MA 32/CHANDI/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3538 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-10-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-10-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 23-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS. RANO JAIN, ACCOUNTANT MEMBER MA NO.32/CHD/2015 IN ITA NO. 779/CHD/2013 ( ASSESSMENT YEAR 2010-11) M/S KWALITY OVERSEAS (P) LTD., VS THE ACIT, DEVELOPMENT AGENCY, CIRCLE VII, 863, INDUSTRIAL AREA-A, LUDHIANA. LUDHIANA. PAN: AABCK6381J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUDHIR SEHGAL RESPONDENT BY : SHRI S.K. MITTAL DATE OF HEARING : 09.10.2015 DATE OF PRONOUNCEMENT : 09.10.2015 O R D E R PER BHAVNESH SAINI,JM THE APPEAL OF THE ASSESSEE WAS DISMISSED VIDE ORDER DATED 30.04.2014. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT APPEAL OF THE ASSESSEE WAS DISMISSED BY LD. CIT(APPEALS) AS THE A SSESSEE HAD FAILED TO PAY THE TAXES ON THE DECLARED INCOME IN THE RETURN OF INCOME. THE LD. CIT(APPEALS), IN VIEW OF THE PROVISIONS OF SECTION 249(4)(A) OF THE ACT HELD THA T AFTER AMENDMENT, THE ASSESSEE WAS DUTY BOUND TO NOT ONLY PAY THE TAX DUE ON THE BASIS OF RETURNED INCOME BUT ALS O THE INTEREST DUE, IF ANY, FOR ANY PENALTY. SINCE THE A SSESSEE DID NOT PAY THE TAXES ON THE DECLARED INCOME IN THE RET URN OF INCOME, THE LD. CIT(APPEALS) DISMISSED THE APPEAL O F THE 2 ASSESSEE AND ON THE SAME REASONING, THE TRIBUNAL AL SO DISMISSED THE APPEAL OF THE ASSESSEE HOLDING THAT A PPEAL OF THE ASSESSEE IS NOT MAINTAINABLE AND CANNOT BE APPE ALED AGAINST THE ORDER OF LD. CIT(APPEALS). 3. AFTER HEARING THE SUBMISSIONS OF LD. CIT(APPEALS ), THE LD. COUNSEL FOR THE ASSESSEE SEEKS PERMISSION TO WI THDRAW THE MISCELLANEOUS APPLICATION WITH PERMISSION TO FI LE APPEAL BEFORE THE LD. CIT(APPEALS) AFRESH BECAUSE ASSESSEE HAS PAID ALL THE ADMITTED TAXES ON THE RETURNED INCOME. 4. CONSIDERING THE FACTS OF THE CASE IN THE LIGHT O F THE SUBMISSIONS OF LD. COUNSEL FOR THE ASSESSEE, WE PER MIT THE ASSESSEE TO WITHDRAW THE MISCELLANEOUS APPLICATION WITH LIBERTY TO FILE FRESH APPEAL BEFORE LD. CIT(APPEALS ) AGAINST THE ASSESSMENT ORDER BECAUSE ADMITTED TAXES HAVE NO W BEEN PAID. THE LD. CIT(APPEALS) SHALL CONSIDER THE CASE OF THE ASSESSEE SYMPATHETICALLY IF APPEAL IS PREFERRED BEF ORE HIM IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (RANO JAIN) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 9 TH OCTOBER,2015. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT CHANDIGARH