Surendran Menon, Kolkata v. ACIT, Circle - 27, Kolkata, Kolkata

ITA 1057/KOL/2010 | 2005-2006
Pronouncement Date: 21-01-2011

Appeal Details

RSA Number 105723514 RSA 2010
Assessee PAN ADNPM3144A
Bench Kolkata
Appeal Number ITA 1057/KOL/2010
Duration Of Justice 8 month(s)
Appellant Surendran Menon, Kolkata
Respondent ACIT, Circle - 27, Kolkata, Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 21-01-2011
Appeal Filed By Assessee
Bench Allotted A
Tribunal Order Date 21-01-2011
Date Of Final Hearing 14-01-2011
Next Hearing Date 14-01-2011
Assessment Year 2005-2006
Appeal Filed On 21-05-2010
Judgment Text
IN THE INCOME-TAX APPELLATE TRIBUNAL A BE NCH : KOLKATA [BEFORE HONBLE SHRI D. K. TYAGI JM AND HONBLE SH RI C. D. RAO AM] ITA NO. 1057 (KOL) OF 2010 : ASSESSMENT YEAR : 200 5-06 SURENDRAN MENON -VS.- ASSTT. COMMISSIONER OF INCOME TAX KOLKATA [PAN : ADNPM 3144 A] CIRCLE-27 KOLKATA. [APPELLANT] [RESPONDENT] APPELLANT BY : SHRI S. BAN DYOPADHYAY RESPONDENT BY : SHRI S. C. JA IN PER C. D. RAO A.M. THE ASSESSEE HAS FILED THIS APPEAL FOR AS SESSMENT YEAR 2005-06 AGAINST THE ORDER OF THE LD. CIT(A)-XIV KOLKATA DATED 17.08.2009. 2. THOUGH THE ASSESSEE HAS TAKEN IN THIS APPEAL SEV ERAL GROUNDS AT THE TIME OF HEARING BEFORE US LD. COUNSEL APPEARING ON BEHALF OF THE A SSESSEE BY REFERRING TO GROUND NO.3 CONTENDED THAT THE ORDER PASSED BY THE ASSESSING OF FICER U/S. 147/148 BEFORE EXPIRY OF TIME LIMIT OF ISSUANCE OF NOTICE U/S. 143(2) IS LIABLE TO BE Q UASHED. IN SUPPORT OF THIS HE RELIED IN THE CASE OF GAURI SAHAI GHISA RAM VS. CIT [1979] 120 ITR 338 (A LL.) AND IN THE CASE TRUSTEES OF N.E.H. THE NIZAMS SUPPLEMENTAL FAMILY TRUST VS. CIT [2000 ] 242 ITR 381 (SC) SUBMITTED BY REFERRING TO ASSESSMENT ORDER THAT IN THIS CASE THE ASSESSEE HAS FILED RETURN ON 27.07.2005 AND THE CASE WAS PROCESSED U/S. 143(1) ON 16.01.2006 AND TH E ASSESSING OFFICER HAS ISSUED NOTICE U/S. 148 ON 16.01.2006 WHEREAS THE TIME LIMIT FOR ISSUE OF NOTICE IS NOT EXPIRED. 3. ON THE OTHER HAND LD. DEPARTMENTAL REPRESENTATI VE THOUGH RELIED ON THE ORDERS OF THE REVENUE AUTHORITIES COULD NOT CONTRADICT THE SUBMIS SIONS OF THE ASSESSEE THAT ASSESSING OFFICER HAS ISSUED NOTICE U/S. 148 EVEN THOUGH THERE IS TIM E FOR ISSUE OF NOTICE U/S. 143(2). 4. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CAREF UL PERUSAL OF THE MATERIAL AVAILABLE ON RECORD AND KEEPING IN VIEW OF THE THAT IT IS A SETT LED LAW THAT AS LONG AS THE RETURN OF INCOME ALREADY FILED HAS DISPOSED OF NO NOTICE U/S. 148 C AN BE ISSUED FOR REASSESSMENT OF INCOME. IN THIS CASE IT IS APPARENT FROM FACTS OF THE ISSUE THAT TH ERE IS SUFFICIENT TIME TO ISSUE NOTICE U/S. 143(2) OF THE ACT. HOWEVER INSTEAD OF INITIATING REGULAR ASS ESSMENT THE ASSESSING OFFICER HAS INITIATED THE ITA NO. 1057/KOL/20 10 2 REASSESSMENT PROCEEDINGS U/S. 148/147 OF THE ACT WH ICH IS NOT IN ACCORDANCE WITH LAW. THEREFORE WE SET ASIDE THE ORDERS OF THE ASSESSING OFFICER ON THIS ISSUE BY ALLOWING APPEAL OF THE ASSESSEE. AS WE HAVE QUASHED THE ORDER THE OTH ER GROUNDS BECOME INFRACTUOUS AND NO ADJUDICATION IS REQUIRED. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE COURT ON 21. 01. 2011 SD/- SD/- [ D. K. TYAGI ] [ C. D. RAO ] JUDICIAL MEMBER ACCOUN TANT MEMBER DATED : 21ST JANUARY 2011. COPY FORWARDED TO THE - 1. SRI SURENDRAN MENON C/O. M. RABINDRAN 2C AS HOK TOWERS 11A PALM AVENUE KOLKATA-700 019. 2. ASSTT. COMMISSIONER OF INCOME TAX CIRCLE-27 KOLKATA. 3. CIT(A)- (4) CIT- 5. D.R. I.T.A.T. KOLKATA. [TRUE COPY] BY ORDER DEPUTY/ASSISTANT REGISTRAR (KKC) I .T.A.T. KOLKATA.