Celebrity Fashiions Limited, CHENNAI V. ACIT, CHENNAI

MA 79/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3385 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-08-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 29-09-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 15-06-2015
• Court: TRIBUNAL
• Assessee Lawyers: ANIL NAIR

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER & SHRI V. DURGA RAO, JUDI CIAL MEMBER M.P. NO. 79/MDS/2015 [IN I.T.A.NO. 1250 /MDS/201 3 ] ASSESSMENT YEAR : 200 9 - 1 0 M/S. CELEBRITY FASHION LTD. SDF - IV, 3 RD MAIN ROAD, MEPZ - SEZ, TAMBARAM, CHENNAI 600 045. [PAN: AAACC3696D] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX , COMPANY CIRCLE I(3) , CHENNAI 600 0 34. ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI ANIL NAIR , C. A . / RESPONDENT BY : SHRI SRINIVASA RAO , CIT / DATE OF HEARING : 1 4 . 0 8 .201 5 / DATE OF P RONOUNCEMENT : 19 . 0 8 .201 5 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : BY MEANS OF THIS MISCELLANEOUS PETITION, THE ASSESSEE SEEKS TO GET MODIFIED /DELETION OF PARAGRAPHS 15 TO 18 IN THE COMMON ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO S . 1 249 AND 1250 /MDS/201 3 DATED 27 .0 8 .201 3 RELEVANT TO THE ASSESSMENT YEAR S 200 8 - 0 9 AND 2009 - 10 . THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TRIBUNAL, WHILE PASSING THE COMMON ORDER DATED 27.08.2013 HAD ADJUDICATED THE ISSUE IN RESPECT OF DISALLOWA NCE OF .68.52 LAKHS UNDER SECTION 40A(IA) OF THE INCOME TAX ACT, FOR WHICH THERE IS M.P. NO. 79 /M/ 15 2 NO GROUND RAISED BY THE DEPARTMENT BEFORE THE TRIBUNAL. THEREFORE, THE TRIBUNAL HAS COMMITTED GROSS VIOLATION BY DECIDING THE ISSUE. 2. ON THE OTHER HAND, THE LD. DR HAS SUBMI TTED THAT THE TRIBUNAL HAS ALREADY RECORDED THE ARGUMENT OF THE LD. DR AND REMITTED THE ISSUE BACK TO THE ASSESSING OFFICER FOR FRESH CONSIDERATION AND SUBMITTED THAT THERE IS NO MISTAKE APPARENT ON RECORD. 3. WE HAVE HEARD BOTH SIDES AND PERUSED THE OR DER OF THE TRIBUNAL. THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IN RESPECT OF THE ADDITION OF .68.52 LAKHS UNDER SECTION 40A(IA) OF THE ACT, THOUGH THE DEPARTMENT HAS NOT RAISED ANY SPECIFIC GROUND IN RESPECT OF THE ABOVE ISSUE, AT THE TIME OF HEARING, THE LD. DR HAS SUBMITTED THAT THE ASSESSEE HAS NOT FILED ANY DETAILS BEFORE THE ASSESSING OFFICE R AND IT WAS SUBMITTED ONLY BEFORE THE LD. CIT(A) AND THE LD. CIT(A) SIMPLY ALLOWED THE CLAIM OF THE ASSESSEE. ON THE BASIS OF THE SUBMISSIONS MADE BY THE LD. DR AND ALSO BY CONSIDERING THE ORDER PASSED BY THE LD. CIT(A), THE TRIBUNAL WAS OF THE OPINION TH AT THE ISSUE NEEDS TO BE EXAMINED IN DETAIL. THEREFORE, BY CONSIDERING THE SUBMISSIONS OF THE LD. DR AS WELL AS THE ORDER PASSED BY THE LD. CIT(A) , THE ISSUE HAS BEEN REMITTED BACK TO THE ASSESSING OFFICER TO EXAMINE AND DECIDE AFRESH IN ACCORDANCE WITH LA W. M.P. NO. 79 /M/ 15 3 4. WE FIND THAT THERE IS NO MISTAKE APPARENT IN THE ORDER PASSED BY THE TRIBUNAL. THEREFORE, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. 5 . IN THE RESULT, THE M.P. FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED ON W EDNESDAY, THE 19 TH OF AUGUST, 2015 AT CHENNAI. SD/ - SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER ( V. DURGA RAO ) JUDICIAL MEMBER CHENNAI, DATED, THE 19 . 0 8 .201 5 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.