ACIT, CHENNAI V. Poshak Industries, CHENNAI

MA 49/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5745 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1999-2000
• Appeal Filed On: 17-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M P SENTHIL KUMAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . , ' , % & BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER MISCELLANEOUS PETITION NO. 49 /MDS/20 17 (IN ITA NO.332/MDS/2013) %' ' /ASSESSMENT YEAR: 1999-2000 THE ASST. COMMISSIONER OF INCOME- TAX, NON-CORPORATE CIRCLE-14(1), CHENNAI. VS. M/S.POSHAK INDUSTRIES, NO.15, RACE COURSE ROAD, GUINDY, CHENNAI-600 032. [PAN: AAAFP 3600 K ] ( ( /APPELLANT) ( )*( /RESPONDENT) DEPARTMENT BY : MR.ARV.SREENIVASAN, JCIT ASSESSEE BY : MR.M.P.SENTHIL KUMAR, ADV. , /DATE OF HEARING : 02.02.2018 , /DATE OF PRONOUNCEMENT : 02.02.2018 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : MP NO.49/MDS/2017 IS A MISCELLANEOUS PETITION FILE D BY THE REVENUE IN ITA NO.332/MDS/2016 FOR THE AY 1999-2000. 2. SHRI ARV.SREENIVASAN, JCIT, REPRESENTED ON BEHAL F OF THE REVENUE AND SHRI M.P.SENTHIL KUMAR, ADV., REPRESENTED ON BE HALF OF THE ASSESSEE. 3. IN THE MISCELLANEOUS PETITION, THE REVENUE HAS S UBMITTED THAT THERE WAS AN ERROR IN THE ORDER OF THE TRIBUNAL IN SO FAR AS THE DECISION RELIED MP NO.49/MDS/2017 (IN ITA NO.332/MDS/2013) :- 2 -: UPON BY THE TRIBUNAL IN THE CASE OF TEXTILE DYE-CHE MCORPN. IS TO BE READ IN FAVOUR OF THE REVENUE. 4. IN REPLY, THE LD.AR SUBMITTED THAT THE ISSUE HAS BEEN RESTORED TO THE FILE OF THE LD.CIT(A) FOR RE-ADJUDICATION AND C ONSEQUENTLY, THERE IS NO SPECIFIC FINDING ON THE ISSUE OF LEVY OF INTEREST U /S.234B. IT WAS A SUBMISSION THAT AS THERE IS NO MISTAKE APPARENT FRO M THE ORDER OF THE TRIBUNAL AND THE SAME WAS LIABLE TO BE DISMISSED. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. 6. A PERUSAL OF THE ORDER OF THE TRIBUNAL CLEARLY S HOWS THAT THE ENTIRE ISSUE OF THE LEVY OF INTEREST U/S.234B HAS BEEN REM ITTED TO THE FILE OF THE LD.CIT(A) TO CONSIDER THE POST AND PRE-AMENDMENT PR OVISIONS. THIS BEING SO, WE FIND NO ERROR IN THE ORDER OF THE TRIBUNAL W HICH CALLS FOR ANY RECTIFICATION. CONSEQUENTLY, THE RECTIFICATION APP LICATION FILED BY THE REVENUE STANDS DISMISSED. 7. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 02, 2018, AT CHENNAI. SD/- SD/- ( . ) ( ABRAHAM P.GEORGE ) /ACCOUNTANT MEMBER ( ' ) (GEORGE MATHAN) % /JUDICIAL MEMBER MP NO.49/MDS/2017 (IN ITA NO.332/MDS/2013) :- 3 -: /CHENNAI, 1 /DATED: FEBRUARY 02, 2018. TLN , )%23 43 /COPY TO: 1. ( /APPELLANT 4. 5 /CIT 2. )*( /RESPONDENT 5. 3 )%% /DR 3. 5 ( ) /CIT(A) 6. ' /GF