Asst.C.I.T., Bangalore v. M/s Metahelix Life Sciences Ltd.,, Bangalore

ITA 958/BANG/2016 | 2012-2013
Pronouncement Date: 30-11-2017 | Result: Allowed

Appeal Details

RSA Number 95821114 RSA 2016
Assessee PAN AABCD7328L
Bench Bangalore
Appeal Number ITA 958/BANG/2016
Duration Of Justice 1 year(s) 6 month(s) 20 day(s)
Appellant Asst.C.I.T., Bangalore
Respondent M/s Metahelix Life Sciences Ltd.,, Bangalore
Appeal Type Income Tax Appeal
Pronouncement Date 30-11-2017
Appeal Filed By Department
Tags No record found
Order Result Allowed
Bench Allotted B
Tribunal Order Date 30-11-2017
Date Of Final Hearing 22-08-2017
Next Hearing Date 22-08-2017
First Hearing Date 22-08-2017
Assessment Year 2012-2013
Appeal Filed On 10-05-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR JUDICIAL MEMBER IT A NO . 836 /BANG/201 6 ASSESSMENT YEAR : 20 1 2 1 3 M/S. METAHELIX LIFE SCIENCES LTD. (SUCCESSOR IN INTEREST TO M/S. DHAANYA SEEDS LTD.) PLOT NO. 3 KIDB 4 TH PHASE BOMMASANDRA BANGALORE 560 099. PAN: AAB C D7328L VS. DCIT CIRCLE 1 (1)(1) BANGALORE. APPELLANT RESPONDENT & IT A NO . 958/BANG/2016 ASSESSMENT YEAR : 2012 13 ACIT CIRCLE 4 (1)(2) BANGALORE. VS. M/S. METAHELIX LIFE SCIENCES LTD. (SUCCESSOR IN INTEREST TO M/S. DHAANYA SEEDS LTD.) PLOT NO. 3 KIDB 4TH PHASE BOMMASANDRA BANGALORE 560 099. PAN: AABCD7328L APPELLANT RESPONDENT ASSESSEE BY : SHRI TATA KRISHNA ADVOCATE REVENUE BY : MISS NEERA MALHOTRA CIT ( DR ) DATE OF HEARING : 2 9 . 1 1 .201 7 DATE OF PRONOUNCEMENT : 30 .1 1 .2017 O R D E R PER BENCH: THESE ARE CROSS APPEALS FILED BY THE ASSESSEE AND R EVENUE AND THESE ARE DIRECTED AGAINST THE ORDER OF CIT (A) 4 BANGALOR E DATED 24.02.2016 FOR A. Y. 2012 13. ITA NOS. 836 & 958/BANG/2016 PAGE 2 OF 3 2. AT THE VERY OUTSET IT WAS SUBMITTED BY THE LEAR NED AR OF THE ASSESSEE THAT ONE OF THE GROUNDS RAISED BY THE ASSESSEE IS THIS THAT THE ASSESSMENT ORDER PASSED IN THE NAME OF NONEXISTENT COMPANY IS VOID AND IT I S AN INCURABLE DEFECT IN THE EYES OF LAW. AT THIS JUNCTURE THE BENCH WANTED TO KNOW THE FINDING OF CIT (A) ON THIS ISSUE. HE SUBMITTED THAT THE LEARNED CIT (A) H AS DECIDED THIS ISSUE AS PER PARA 9.1 OF HIS ORDER. THE BENCH OBSERVED THAT THIS ORDER OF CIT (A) IN PARA 9.1 OF HIS ORDER IS VERY CRYPTIC BECAUSE FROM THE SAME IT IS NOT COMING OUT AS TO WHAT ARE THE OBJECTIONS OF THE ASSESSEE AND WHAT IS THE FINDING OF CIT (A) IN RESPECT OF THE OBJECTIONS AND THEREFORE THE MATTER HAS TO GO BACK TO HIS FILE FOR A FRESH DECISION BY WAY OF A SPEAKING AND REASONED ORDER AND HENCE THE ISSUE ON MERIT IN BOTH THESE APPEALS NEED NO ADJUDICATION AT THE PRESENT STAGE BECAUSE THE ISSUE ON MERIT HAS TO BE DECIDED AFTER DECISION ON LEGAL ASPECT. 3. IN VIEW OF THE ABOVE DISCUSSION WE SET ASIDE TH E ORDER OF CIT (A) AND RESTORE THE ENTIRE MATTER BACK TO HIS FILE FOR A FRESH DECI SION . WE DIRECT HIM TO FIRST DECIDE THE LEGAL ASPECT AFRESH BY WAY OF A SPEAKING AND REASONED ORDER. IF THE ASSESSEE SUCCEEDS ON THIS ASPECT THAN NOTHING IS L EFT TO BE DECIDED AND IF THE ASSESSEE FAILS THAN THE ISSUE ON MERIT SHOULD BE D ECIDED AFRESH. NEEDLESS TO SAY HE SHOULD PROVIDE ADEQUATE OPPORTUNITY OF BEIN G HEARD TO BOTH SIDES. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE AS WEL L AS OF THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE DATED THE 30 TH NOVEMBER 2017. /MS/ ITA NOS. 836 & 958/BANG/2016 PAGE 3 OF 3 COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.