DCIT, CHENNAI V. M/s. Doshi Housing Ltd., CHENNAI

MA 350/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5759 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-03-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 09-03-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 06-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: G BASKAR

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , . , BEFORE SHRI ABRAHAM P. GEORGE , ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY , JUDICIAL MEMBER M .P. NO . 35 0 / CHNY /2017 [IN I.T.A. NO. 2340 / CHNY /20 1 6 ] ASSESSMENT YEAR : 20 0 8 - 0 9 THE ASSISTANT COMMISSIONER OF INCOME TAX (OSD) , CORPORATE RANGE 1 , CHENNAI. VS. M/S. DOSHI HOUSING LTD., 3H, 560, CENTURY PLAZA, ANNA SALAI, TEYNAMP ET, CHENNAI 600 018. [PAN: AAAC D 1 187G ] ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI A R. V . SREENIVASAN, JCIT / RESPONDENT BY : SHRI G. BASKAR, ADVOCATE / DATE OF HEARING : 09 .0 3 .2018 / DATE OF P RONOUNCEMENT : 09 . 0 3 .201 8 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : BY MEANS OF PRESENT MISCELLANEOUS PETITION , THE REVENUE SEEKS TO REC ALL /RECTIFY THE ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO. 2340 /MDS/20 1 6 DATED 02 .0 6 .201 7 RELEVANT TO THE ASSESSMENT YEAR 20 08 - 0 9 . BY REFERRING TO THE PETITION, THE LD. DR SUBMITTED THAT THE SPECIFIC GROUND RAISED IN THE APPEAL OF THE REVENUE WITH REGARD TO THE DISALLOWANCE OF INTEREST PAID ON ADVANCES UNDER SECTION 36(1)(III) OF THE ACT HAS NOT BEEN ADJUDICATED BY THE M .P. NO . 350 / CHNY/1 7 2 TRIBUNAL IN ITS ORDER DATED 02.06.2017 AND THUS, PLEADED THAT THE ABOVE GROUND MAY BE ADJUDICATED BY RECALLING THE ORDER OF THE TRIBUNAL. 2. THE LD. COUNSEL FOR THE ASSESSEE DID NOT OBJECT TO THE SUBMISSIONS OF THE LD. DR . 3. WE HAVE HEARD BOTH SIDES AND PERUSED THE PETITION FILED BY THE REVENUE . WE HAVE ALSO GONE THROUGH THE ORDER OF THE TRIBUNAL DATED 02.06.2017 AND FIND THAT IN THE GROUNDS OF APPEAL IN GROUND NOS. 2 TO 5, THE REVENUE HAS CHALLENGED THAT THE LD. CIT(A) HA S ERRED IN DELETING THE DISALLOWANCE OF INTEREST UNDER SECTION 36(1)(III) OF THE ACT AMOUNTING TO .27.60 LAKHS. HOWEVER, IN ITS ORDER DATED 02.06.2017, THE TRIBUNAL HAS NOT ADJUDICATED THE ABOVE ISSUE RAISED BY THE REVENUE. ACCORDINGLY, TO ADJUDICATE THE ABOVE GROUND RAISED BY THE REVENUE, THE ORDER OF THE TRIBUNAL IS RECALLED FOR LIMITED PURPOSE AND POST THE APPEAL FOR HEARING ON REGULAR COURSE BY SERVING NOTICE TO BOTH THE PARTIES . 4. IN THE RESULT, THE MP FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 9 TH MARCH, 2018 AT CHENNAI. SD/ - SD/ - ( ABRAHAM P. GEORGE ) ACCOUNTA NT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, THE 09 .0 3 . 201 8 VM/ - M .P. NO . 350 / CHNY/1 7 3 / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.