Om Sakthi Granites, CHENNAI v. ACIT, CHENNAI

ITA 1119/CHNY/2016 | 2003-2004
Pronouncement Date: 28-09-2016 | Result: Allowed

Appeal Details

RSA Number 111921714 RSA 2016
Assessee PAN AAAFO2297D
Bench Chennai
Appeal Number ITA 1119/CHNY/2016
Duration Of Justice 5 month(s) 2 day(s)
Appellant Om Sakthi Granites, CHENNAI
Respondent ACIT, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-09-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Date Of Final Hearing 28-09-2016
Next Hearing Date 28-09-2016
Assessment Year 2003-2004
Appeal Filed On 25-04-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C B ENCH CHENNAI . ! ' . # % & BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY JUDICI AL MEMBER ./ I.T.A.NO.1119/MDS/2016 ( / ASSESSMENT YEAR: 2003-04) M/S. OM SAKTHI GRANITES 22A CATHEDRAL ROAD CHENNAI-600 086. VS THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-XV CHENNAI. PAN: AAAFO2297D ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.K.MEENAKSHISUNDARAM ITP /RESPONDENT BY : DR. M.M.BHUSARI CIT /DATE OF HEARING : 28 TH SEPTEMBER 2016 /DATE OF PRONOUNCEMENT : 28 TH SEPTEMBER 2016 / O R D E R PER A. MOHAN ALANKAMONY AM:- THIS APPEAL IS FILED BY THE ASSESSEE AGGRIEVED BY THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (A PPEALS)- 4 CHENNAI DATED 18.02.2016 IN ITA NO.193/2013-14/ AY 2003-04/CIT(A)-4 PASSED UNDER SECTION 154 R.W.S. 25 0(6) OF THE ACT. 2. THE ASSESSEE HAS RAISED SEVERAL GROUNDS IN ITS A PPEAL HOWEVER THE CRUX OF THE ISSUE IS AS FOLLOWS:- 2 ITA NO.1119/MDS/2016 (I) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS ) HAS ERRED IN CONFIRMING THE ORDER OF THE LEARNED ASSESSING OFFICER IN RECTIFYING THE MISTAKE IN HIS ORDER BY INVOKING THE PROVISIONS OF SECTION 154 OF THE AC T. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A FIRM ENGAGED IN THE BUSINESS OF GRANITE EXPORT FILED IT S RETURN OF INCOME FOR THE ASSESSMENT YEAR 2003-04 ADMITTING I NCOME OF RS.51 14 840/- AFTER CLAIMING DEDUCTION OF RS. 51 35 940/- UNDER SECTION 80HHC OF THE ACT. THEREAFTER ASSESSME NT WAS COMPLETED BY THE LD.A.O VIDE ORDER DATED 28/02/2006 . SUBSEQUENTLY THE LD.A.O MODIFIED HIS ORDER INVOKING THE PROVISIONS OF SECTION 154 OF THE ACT AGGRIEVED BY W HICH THE ASSESSEE IS IN APPEAL. 4. AT THE OUTSET THE LEARNED AUTHORIZED REPRESENTA TIVE SUBMITTED THAT THE ASSESSEE WAS NOT GIVEN AN OPPORT UNITY OF BEING HEARD BEFORE THE SUCCEEDING ASSESSING OFFICER BEFORE PASSING ORDER U/S.154 OF THE ACT. HE FURTHER SUBMIT TED THAT THE LEARNED ASSESSING OFFICER WHO HAS PASSED THE OR DER U/S.154 AFTER BEING REPLACED BY ANOTHER WHO HAD EXE RCISED THE JURISDICTION EARLIER DID NOT ISSUE ANY SHOW CAU SE NOTICE TO 3 ITA NO.1119/MDS/2016 THE ASSESSEE. IT WAS THEREFORE SUBMITTED THAT THE L EARNED ASSESSING OFFICER HAD VIOLATED THE PROVISIONS OF SE CTION 129 OF THE ACT AND HENCE IT WAS PLEADED THAT AN OPPORTU NITY MAY BE GIVEN TO THE ASSESSEE OF BEING HEARD BEFORE THE LEARNED ASSESSING OFFICER. 5. THE LEARNED DEPARTMENTAL REPRESENTATIVE COULD NO T REBUT TO THE SUBMISSIONS OF THE LEARNED AUTHORIZED REPRESENTATIVE THOUGH HE VEHEMENTLY ARGUED IN SUPPO RT OF THE ORDERS OF THE REVENUE. 6. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULL Y PERUSED THE MATERIALS AVAILABLE ON RECORD. AS POINT ED OUT BY THE LEARNED AUTHORIZED REPRESENTATIVE IT APPEARS T HAT THE ASSESSEE WAS NOT GIVEN AN OPPORTUNITY BEFORE THE LE ARNED ASSESSING OFFICER WHO HAD PASSED THE ORDER U/S.154. THEREFORE IN THE INTEREST OF JUSTICE WE HEREBY RE MIT THE MATTER BACK TO THE FILE OF THE LEARNED ASSESSING OF FICER FOR FRESH CONSIDERATION IN ACCORDANCE WITH LAW AND MERI T. 4 ITA NO.1119/MDS/2016 7. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE 28 TH SEPTEMBER 2016 SD/- SD/- ( ! ' . # ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) # % / JUDICIAL MEMBER % / ACCOUNTANT MEMBER # /CHENNAI ( /DATED 28 TH SEPTEMBER 2016 SOMU *+ + /COPY TO: 1. APPELLANT 2. RESPONDENT 3. - () /CIT(A) 4. - /CIT 5. + 1 /DR 6. /GF