ACIT, Trichur V. M/s.Steel& Industrial Forgings Ltd, Trichur

MA 50/COCH/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2038 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-06-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 27-06-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 03-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LATHA V KUMAR
• Assessee Lawyers: M RAMDAS

Judgement Text

1 MA NO 50/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) M.A. NO 50/COCH/2014 (ARISING OUT OF I.T.A NO. 467/COCH/2013) (ASSESSMENT YEAR 2008-09) ACIT, CIR.1(1) VS STEEL & INDUSTRIAL FORGINGS L TD TRICHUR ATHANI POST, TRICHUR-71 PAN : AADCS4852J (APPLICANT) (RESPONDENT) APPLICANT BY : SMT. LATHA V KUMAR, JR DR RESPONDENT BY : SHRI M RAMDAS DATE OF HEARING : 27-06-2014 DATE OF PRONOUNCEMENT : 27-06-2014 O R D E R PER N.R.S. GANESAN (JM) THE REVENUE FILED THE PRESENT MISCELLANEOUS PETITI ON ON THE GROUND THAT THE ISSUE WITH REGARD TO EX-GRATIA PAYMENT WHI CH WAS RAISED AS GROUND NO.4 IN THE APPEAL WAS NOT DISPOSED OF BY THIS TRIB UNAL. IT IS AGREED BY BOTH THE LD.DR AND THE REPRESENTATIVE FOR THE ASSES SEE THAT THIS TRIBUNAL HAS NOT ADDRESSED THIS ISSUE EVEN THOUGH IT WAS SPE CIFICALLY RAISED BY THE REVENUE. THIS TRIBUNAL IS OF THE CONSIDERED OPINIO N THAT THE NON DISPOSAL OF THE SPECIFIC GROUND RAISED BY THE ASSESSEE IS AN ERROR WITHIN THE MEANING OF SECTION 254(2) OF THE ACT. HENCE, THE A PPEAL IS REOPENED ONLY 2 MA NO 50/COCH/2014 FOR THE PURPOSE OF DISPOSING GROUND NO.4 RAISED BY THE ASSESSEE WITH REGARD TO EX-GRATIA PAYMENT. IT IS MADE CLEAR THAT THE ORDER OF THIS TRIBUNAL IN RESPECT OF OTHER ISSUES REMAINS AS SUCH. THE RE GISTRY IS DIRECTED TO POST THE APPEAL FOR FINAL DISPOSAL ON 01-08-2014 FOR DIS POSAL OF GROUND NO.4 ALONE. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 27 TH JUNE, 2014. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 27 TH JUNE, 2014 PK/- COPY TO: 1. ACIT, CIR.1(1), TRICHUR 2. STEEL & INDUSTRIAL FORGINGS LTD, ATHANI POST, TR ICHUR-71 3. THE COMMISSIONER OF INCOME-TAX, THRISSUR 4. THE COMMISSIONER OF INCOME-TAX(A)-V, 2 ND FLOOR, SAN JUAN TOWERS, OLD RAILWAY STATION ROAD, ERNAKULAM NORTH, KOCHI 68 2 018 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH