Shri Nagoor Meerasa, CHENNAI v. ITO, CHENNAI

CO 76/CHNY/2010 | 2006-2007
Pronouncement Date: 16-12-2010 | Result: Dismissed

Appeal Details

RSA Number 7621723 RSA 2010
Assessee PAN AWNPS7074B
Bench Chennai
Appeal Number CO 76/CHNY/2010
Duration Of Justice 3 month(s) 27 day(s)
Appellant Shri Nagoor Meerasa, CHENNAI
Respondent ITO, CHENNAI
Appeal Type Cross Objection
Pronouncement Date 16-12-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 16-12-2010
Date Of Final Hearing 13-12-2010
Next Hearing Date 13-12-2010
Assessment Year 2006-2007
Appeal Filed On 20-08-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI BEFORE SHRI ABRAHAM P. GEORGE ACCOUNTANT MEMBER A ND SHRI GEORGE MATHAN JUDICIAL MEMBER I.T.A. NO. 1200/MDS/2010 ASSESSMENT YEAR : 2006-07 THE INCOME-TAX OFFICER BUSINESS WARD-I(3) CHENNAI. V. SHRI NAGOOR MEERASA P/O M/S. NEW ROYAL ENTERPRISES 42 PERIYAR NAGAR I MAIN ROAD ADAMBAKKAM CHENNAI-600 088. (PAN : AWNPS7074B) (APPELLANT) (RESPONDENT) A N D C.O. NO. 76/MDS/2010 (IN ITA NO. 1200/MDS/2010) ASSESSMENT YEAR : 2006-07 SHRI NAGOOR MEERASA THE INCOME-TAX OFFICER P/O M/S. NEW ROYAL ENTERPRISES BUSINESS WARD-I (3) CHENNAI-600 088. CHENNAI. (CROSS OBJECTOR) (RESPONDENT) DEPARTMENT BY : SHRI TAPAS KUMAR DUTTA ASSESSEE BY : SHRI M. BALAGANESH O R D E R PER GEORGE MATHAN JUDICIAL MEMBER : ITA NO. 1200/MDS/2010 IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED CIT(APPEALS)-IX CHENNAI IN ITA NO. 132/08-09 DATED 28-04-2010 FOR T HE ASSESSMENT YEAR 2006- 07. C.O. NO. 76/MDS/2020 IS CROSS OBJECTION FILED BY THE ASSESSEE AGAINST THE REVENUES APPEAL IN ITA NO. 1200/MDS/2010. I.T.A. NO.1200/MDS/2010 & C.O. NO. 76/MDS/2010 2 2. SHRI TAPAS KUMAR DUTTA LEARNED CIT-DR REPRESENT ED ON BEHALF OF THE REVENUE AND SHRI M. BALAGANESH CA REPRESENTED ON B EHALF OF THE ASSESSEE. 3. AT THE TIME OF HEARING THE LEARNED DR SUBMITTED THAT THE FINDING OF THE LEARNED CIT(A) THAT THE ASSESSING OFFICER HAD FIXED THE TURNOVER OF THE ASSESSEE AT ` 10 14 800/- WHICH ITSELF WAS A WRONG FINDING INSOF AR AS THE ASSESSING OFFICER HAD NEVER MADE ANY SUCH FIXATION OF TURNOVER NOR A COMPROMISE HAD BEEN REACHED. IT WAS THE SUBMISSION THAT THAT THE ORDER OF THE LEARNED CIT(A) WAS ERRONEOUS ON THE FACTS. IT WAS THE SUBMISSION THAT THE ASSESSEE HAD NOT BEEN ABLE TO SUBSTANTIATE THE DEPOSIT OF ` 10 14 800/- IN HIS ACCOUNT WITH STANDARD CHARTERED BANK. IT WAS THE SUBMISSION THAT THE ORD ER OF THE LEARNED CIT(A) WAS LIABLE TO BE REVERSED. 4. IN REPLY THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE ASSESSEE WAS A DEALER OF SCRAP AND THE ASSESSEE HAD ONLY ONE BANK ACCOUNT BEING WITH STANDARD CHARTERED BANK. IT WAS FAIRLY AGREED BY THE LEARNED AUTHORISED REPRESENTATIVE THAT THE FINDING OF THE L EARNED CIT(A) THAT AS A COMPROMISE THE ASSESSING OFFICER HAD FIXED THE TURN OVER OF THE ASSESSEE AT ` 10 14 800/- WAS ERRONEOUS AND THAT THERE WAS NO SUC H COMPROMISE. IT WAS THE SUBMISSION THAT THAT HE HAD NO OBJECTION IF THE ISS UES WERE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR READJUDICATION AND THE AS SESSEE WOULD BE IN A POSITION TO EXPLAIN THE ENTRIES IN THE BANK ACCOUNT. I.T.A. NO.1200/MDS/2010 & C.O. NO. 76/MDS/2010 3 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS IT IS NOTICED THAT THE FACTS AS ARE REQUIRED FOR ADJUDICATING THE APPEAL ARE NOT AVAILABLE BEFORE US AND AS IT IS ADMITTED THAT THE FINDINGS AS GIVEN BY THE LEARN ED CIT(A) IN PARA 4 OF HIS ORDER ARE FACTUALLY INCORRECT THE ORDER OF THE LEARNED C IT(A) IS SET ASIDE AND THE ISSUES IN THIS APPEAL ARE RESTORED TO THE FILE OF THE ASSE SSING OFFICER FOR READJUDICATION AFTER GRANTING THE ASSESSEE SUFFICIENT OPPORTUNITY TO SUBSTANTIATE HIS CASE. IN THE CIRCUMSTANCES THE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. AS THE APPEAL OF THE REVENUE HAS BEEN ALLOWED FOR STAT ISTICAL PURPOSES BY RESTORING THE ISSUES TO THE FILE OF THE ASSESSING OFFICER FOR RE-ADJUDICATION THE CROSS OBJECTION FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND IS THEREFORE DISMISSED AS INFRUCTUOUS. 6. IN THE RESULT THE APPEAL OF THE REVENUE IS ALLO WED FOR STATISTICAL PURPOSES AND THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSE D AS INFRUCTUOUS. 7. THE ORDER WAS PRONOUNCED IN THE COURT ON 16/12/1 0. SD/- SD/- (ABRAHAM P. GEORGE) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI DATED THE 16 TH DECEMBER 2010. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE