M/s.Appollo Tyres Ltd, Ernakulam V. The ACIT, Ernakulam

MA 43/COCH/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1823 (ITAT-COCHIN)
• Duration Of Justice: 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-04-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-04-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 08-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K JOHN
• Assessee Lawyers: SATHYANARAYANAN

Judgement Text

1 MA NO.43 /COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKA RAN(AM) M.A. NO. 43/COCH/2014 (ARISING OUT OF I.T.(TP) A NO. 04/COCH/2013) (ASSESSMENT YEAR 2008-09) M/S APOLLO TYRES LTD VS ACIT, CIR.1(1) ERNAKULAM ERNAKULAM PAN : AAACA6990Q (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI SATHYANARAYANAN RESPONDENT BY : SHRI K.K. JOHN DATE OF HEARING : 25-04-2014 DATE OF PRONOUNCEMENT : 25-04-2014 O R D E R PER N.R.S. GANESAN (JM) THE ASSESSEE FILED THE PRESENT MISCELLANEOUS APPLI CATION ON THE GROUND THAT GROUNDS NO.10, 11 & 12 WITH REGARD TO D EDUCTION U/S 80IA, INTEREST U/S 234C AND U/S 234D AND FAILURE OF THE A SSESSING OFFICER TO GIVE CREDIT TO TDS AND ADVANCE-TAX PAID BY THE ASSESSEE WAS NOT DISPOSED OF BY THIS TRIBUNAL. 2. SHRI SATHYANARAYANAN, THE LD.REPRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE GROUNDS RAISED BY THE ASSESSEE W ITH REGARD TO 2 MA NO.43 /COCH/2014 DEDUCTION U/S 80IA, INTEREST U/S 234C AND INTEREST U/S 234D AND FAILURE OF THE ASSESSING OFFICER TO GIVE CREDIT TO TDS AND ADV ANCE-TAX PAID BY THE ASSESSEE WERE NOT DISPOSED OF BY THIS TRIBUNAL; THE REFORE, THERE IS AN ERROR IN THE ORDER OF THE TRIBUNAL. 3. WE HEARD SHRI K.K. JOHN, THE LD.DR ALSO. THE LD .DR VERY FAIRLY SUBMITTED THAT GROUNDS NO.10, 11 & 12 WITH REGARD T O DEDUCTION U/S 80IA, INTEREST U/S 234C AND U/S 234D AND FAILURE OF THE A SSESSING OFFICER TO GIVE CREDIT TO TDS AND ADVANCE-TAX PAID BY THE ASSESSEE WERE NOT DISPOSED OF. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. ADMITTED LY, THE ASSESSEE HAS RAISED THREE ISSUES, VIZ. GROUNDS NO.10, 11 & 12 WI TH REGARD TO DEDUCTION U/S 80IA, INTEREST U/S 234C AND U/S 234D AND FAILUR E OF THE ASSESSING OFFICER TO GIVE CREDIT TO TDS AND ADVANCE-TAX PAID BY THE ASSESSEE. ADMITTEDLY, THESE GROUNDS WERE NOT DISPOSED OF BY T HIS TRIBUNAL. NON DISPOSAL OF THE SPECIFIC GROUNDS RAISED BY THE ASSE SSEE IS AN ERROR APPARENT ON THE FACE OF RECORD WITHIN THE MEANING O F SECTION 254(2) OF THE ACT. THEREFORE, THE ABOVE THREE GROUNDS, VIZ. GROU NDS NO.10, 11 & 12 HAVE TO BE DISPOSED OF. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IN IT (TP) 04/COCH/2013 IS REOPENED ONLY FOR THE PURPOSE OF DI SPOSING OF GROUNDS NO.10, 11 & 12 WITH REGARD TO DEDUCTION U/S 80IA, I NTEREST U/S 234C AND 3 MA NO.43 /COCH/2014 U/S 234D AND FAILURE OF THE ASSESSING OFFICER TO GI VE CREDIT TO TDS AND ADVANCE-TAX PAID BY THE ASSESSEE. IT IS MADE CLEAR THAT IN RESPECT OF OTHER ISSUES RAISED BY THE ASSESSEE, THE ORDER OF THIS TR IBUNAL DATED 07-03-2014 SHALL REMAIN AS SUCH. 5. WITH THE ABOVE OBSERVATIONS, THE REGISTRY IS DIR ECTED TO POST THE APPEAL OF THE ASSESSEE IN IT (TP) 04/COCH/2013 ON 2 1-05-2014 FOR DISPOSAL OF GROUNDS NO.10, 11 & 12 WITH REGARD TO D EDUCTION U/S 80IA, INTEREST U/S 234C AND U/S 234D AND FAILURE OF THE A SSESSING OFFICER TO GIVE CREDIT TO TDS AND ADVANCE-TAX PAID BY THE ASSESSEE. 6. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 25 TH APRIL, 2014. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 25 TH APRIL, 2014 PK/- COPY TO: 1. M/S APOLLO TYRES LTD, SHANMUGHAM ROAD, 6 TH FLOOR, CHERUPUSHPAM BUILDING, ERNAKULAM-31 2. THE ACIT, CIR.1(1), ERNAKULAM 3. THE COMMISSIONER OF INCOME-TAX, ERNAKULAM 4. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH