ROYAL SUNDARAM GENERAL INSURANCE CO LTD,CHENNAI V. DCIT, LTU, CHENNAI

MA 71/CHNY/2025

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The case involves Royal Sundaram General Insurance Company Limited, the appellant, contesting certain issues related to the applicability of section 115JB and the disallowance of premium for long-term policies across three assessment years. Initially, these issues were not adjudicated in the common order dated 08.01.2025. The assessee filed MAs to recall this order for the specific purpose of addressing these omitted issues. The Departmental Representative did not object to the proposed rectifications. Consequently, the Tribunal decided to recall the earlier order to ensure these issues were properly adjudicated.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 780182 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 20-05-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOWTHAMI MANIVASAGAM
• Assessee Lawyers: R. VIJAYARAGHAVAN
• Section: 115JB

Judgement Text

"आयकर अपीलीय अधिकरण, ’डी’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH: CHENNAI श्री एबी टी. वर्की, न्यायिर्क सदस्य एवं श्री अयिताभ शुक्ला, लेखा सदस्य क े समक्ष BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./MA No.70, 71 & 72 /Chny/2025 (In ITA No.88, 89 & 91/Chny/2018) Assessment Years: AY-2010-11, 2011-12 and 2012-13 M/s.Royal Sundaram General Insurance Company Limited, Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai(OMR), Karapakkam, Chennai-600 097. [PAN: AABCR7106G] Dy. Commissioner of Income Tax, Large Tax Payer Unit, Chennai. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee by : Mr.R.Vijayaraghavan, Advocate प्रत्यर्थी की ओर से /Revenue by : Ms.Gowthami Manivasagam, JCIT सुनवाई की तारीख/Date of Hearing : 12.09.2025 घोषणा की तारीख /Date of Pronouncement : 06.10.2025 आदेश / O R D E R PER AMITABH SHUKLA, A.M : These three MAs bearing Nos. 70 – 72 / Chny / 2025 have been filed by the assessee requesting for recalling of the order in ITA Nos.88, 89 & 91/Chny/2018) for AY-2010-11, 2011-12 and 2012-13 dated 08.01.2025. 2.0 Through the aforesaid Miscellaneous Applications, the assessee has submitted that it had for AYs-2011-12 and 2012-13 contested through its ground of appeal non-applicability of section 115JB and that it had for AY- 2010-11, 2011-12 and 2012-13 contested through its ground of appeal issue concerning disallowance of premium in respect of long-term policy. It has Printed from counselvise.com MA Nos.70, 71 & 72 / Chny/2025 Page - 2 - of 3 been submitted that the impugned grounds were left to be adjudicated through the common order dated 08.01.2025 supra. It was accordingly requested that this miscellaneous applications be allowed and the order dated 08.01.2025 be recalled for adjudication of above issues. 3.0 The Ld.DR did not pose any objections to the proposed rectifications. 4.0 We have heard the rival submissions in the light of material available on records. Upon consideration of the matter we have noted that the impugned grounds qua non-application of provisions of section 115JB and the disallowance of premium in respect of long-term policy for AYs-2011-12 and 2012-13 and for AY-2010-11, 2011-12 and 2012-13 respectively were omitted to be adjudicated. The mistake is apparent from records and accordingly the order dated 08.01.2025 is recalled for adjudication of the impugned issues concerning section 115JB and premium in respect of long-term policy. Accordingly, the MAs bearing Nos. 70 – 72 / Chny / 2025 filed by the assessee have been allowed. 5.0 In the result, the MAs bearing Nos. 70 – 72 / Chny / 2025 of the assessee are allowed. Order pronounced on 6th , October-2025 at Chennai. Sd/- (एबी टी. वर्की) (ABY T VARKEY) न्याधयक सदस्य / Judicial Member Sd/- (अधमताभ शुक्ला) (AMITABH SHUKLA) लेखा सदस्य /Accountant Member चेन्नई/Chennai, धदनांक/Dated: 6th , Order-2025. KB/- Printed from counselvise.com MA Nos.70, 71 & 72 / Chny/2025 Page - 3 - of 3 आदेश की प्रतितिति अग्रेतिि/Copy to: 1. अिीिार्थी/Appellant 2. प्रत्यर्थी/Respondent 3. आयकर आयुक्त/CIT - Chennai/Coimbatore/Madurai/Salem. 4. तिभागीय प्रतितिति/DR 5. गार्ड फाईि/GF Printed from counselvise.com "