ACIT, Erode v. M/s A.P.S.S.Chits (P) Ltd., Erode

ITSSA 60/CHNY/2008 | misc
Pronouncement Date: 18-03-2011 | Result: Dismissed

Appeal Details

RSA Number 6021716 RSA 2008
Assessee PAN AAFCA1551Q
Bench Chennai
Appeal Number ITSSA 60/CHNY/2008
Duration Of Justice 2 year(s) 9 month(s) 14 day(s)
Appellant ACIT, Erode
Respondent M/s A.P.S.S.Chits (P) Ltd., Erode
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 18-03-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 18-03-2011
Date Of Final Hearing 14-03-2011
Next Hearing Date 14-03-2011
Assessment Year misc
Appeal Filed On 04-06-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH D : CHENNAI [BEFORE SHRI HARI OM MARATHA JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE ACCOUNTANT MEMBER] I.T.(SS)A.NO.51/MDS/2008 BLOCK PERIOD 1.4.1988 TO 1.7.1998 M/S APSS CHITS(P) LTD C/O A.P.SHANMUGARAJ AVARAMPALAYAM MERKUPATHY POST KUNNATHUR ERODE DISTRICT VS THE DY. CIT CIRCLE II ERODE [PAN AAFCA1551Q ] (APPELLANT) (RESPONDENT) I.T.(SS)A.NO.60/MDS/2008 BLOCK PERIOD 1.4.1988 TO 1.7.1998 THE DY. CIT CIRCLE II ERODE VS M/S APSS CHITS(P) LTD C/O A.P.SHANMUGARAJ AVARAMPALAYAM MERKUPATHY POST KUNNATHUR ERODE DISTRICT (APPELLANT) (RESPONDENT) C.O.NO.128/MDS/2008 BLOCK PERIOD 1.4.1988 TO 1.7.1998 M/S APSS CHITS(P) LTD C/O A.P.SHANMUGARAJ AVARAMPALAYAM MERKUPATHY POST KUNNATHUR ERODE DISTRICT VS THE DY. CIT CIRCLE II ERODE [PAN AAFCA1551Q ] (CROSS OBJECTOR) (RESPONDENT) IT(SS)A 51 52&60/08 ITA 1005&1006/08 C.O 128/0 8 :- 2 -: I.T.(SS)A.NO.52/MDS/2008 BLOCK PERIOD 1.4.1988 TO 1.7.1998 M/S GOLDEN AUTO FINANCE C/O A.P.SHANMUGARAJ MANAGING PARTNER AVARAMPALAYAM MERKUPATHY POST KUNNATHUR PERUNDURAI TK VS THE DY. CIT CIRCLE II ERODE [PAN AAGFG0577N ] (APPELLANT) (RESPONDENT) I.T.A.NOS.1005 & 1006/MDS/2008 ASSESSMENT YEARS : 1998-99 & 1999-2000 SHRI A.P.SHANMUGARAJ AVARAMPALAYAM MERKUPATHY POST KUNNATHUR PERUNDURAI TALUK VS THE DY. CIT CIRCLE II ERODE [PAN AGFPS5390A ] (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI K.E.B RENGARAJAN JR. STANDING COUNSEL ASSESSEE BY : NONE O R D E R PER HARI OM MARATHA JUDICIAL MEMBER: THIS IS A BUNCH OF FOUR APPEALS AND ONE CROSS OBJECTION FILED BY DIFFERENT ASSESSEES OF A GROUP AND ONE APPEAL FI LED BY THE REVENUE. 2. ON BEHALF OF THE ASSESSEES SHRI S.SRIDHAR EROD E USED TO APPEAL BEFORE THE BENCH BUT ON 9.6.2010 HE WITHDR EW HIS IT(SS)A 51 52&60/08 ITA 1005&1006/08 C.O 128/0 8 :- 3 -: VAKALATNAMA AND THAT IS WHY THE BENCH DIRECTED THE REGISTRY TO ISSUE FRESH NOTICE(S) TO THE ASSESSEES. THE NOTICES AR E DULY SERVED ON THE ASSESSEES AS IS EVIDENT FROM THE ACKNOWLEDGEMENT S LIPS AVAILABLE ON RECORD BUT DESPITE THIS FACT NOBODY CAME TO REPRE SENT THE CASE OF THE ASSESSEES. NEITHER THE ASSESSEE(S) APPEARED IN PER SON NOR ANY AUTHORIZED REPRESENTATIVE WAS PRESENT FOR THE PURP OSE. THERE IS NO REQUEST FOR ADJOURNMENT OF HEARING AS WELL. CONSEQ UENTLY IN THE TOTALITY OF THE CIRCUMSTANCES WE ARE CONVINCED THA T THE ASSESSEES ARE NOT AT ALL INTERESTED IN PROSECUTING THESE APPEALS . HENCE FOLLOWING THE DECISION OF THE DELHI BENCH IN THE CASE OF CI T V. MULTIPLAN INDIA P. LTD. REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJ IRAO HOLKAR (223 ITR 480) WE DISMISS THESE APPEALS FOR WANT OF PRO SECUTION. 3. IN THE RESULT THE APPEALS AND THE CROSS OBJE CTION FILED BY THE ASSESSEES STAND DISMISSED. 3. THE REVENUE IS IN APPEAL IN I.T(SS)NO.60/MDS/2008. THE ONLY ISSUE INVOLVED IN THIS APPEAL IS AGAINST DELETION O F AN AMOUNT OF ` 7 77 400/- WHICH WAS ADDED BY THE ASSESSING OFFICER ON ACCOUNT OF FINDING THAT THE ASSESSEE HAD WITHDRAWN THIS AMOUNT FROM ITS VARIOUS BANK ACCOUNTS AND THE SAME ARE NOT FOUND RECORDED I N ITS BOOKS OF ACCOUNT. THE REVENUE WANTED THE ASSESSEE TO EXPLAI N THE SOURCE OF THE AMOUNT FOUND WITHDRAWN. IT(SS)A 51 52&60/08 ITA 1005&1006/08 C.O 128/0 8 :- 4 -: 4. WE HAVE HEARD THE LD.DR AT LENGTH. THE CASE WAS HE ARD EX- PARTE AS STATED ABOVE. THIS BEING A SEARCH CASE W E ARE UNABLE TO ACCEPT THE ARGUMENT OF THE LD.DR THAT THIS AMOUNT H AS TO BE ADDED IN THE HANDS OF THE ASSESSEE. THE AMOUNT IN THIS CASE HAS BEEN WITHDRAWN FROM VARIOUS BANK ACCOUNTS. THE BANK ACC OUNTS WERE ALREADY DISCLOSED TO THE REVENUE AND THIS IS NOT A CASE OF DEPOSIT IN THE BANK ACCOUNTS WHICH CAN CONSTITUTE A REASON FOR ADDITION IN THE HANDS OF THE ASSESSEE. WE ARE IN AGREEMENT WITH TH E LD. CIT(A) IN THIS REGARD AND DO NOT FIND ANY INFIRMITY IN HIS ORDER O N THIS ISSUE. CONSEQUENTLY WE DISMISS THE REVENUES APPEAL AS WE LL. 5. IN THE RESULT THE APPEAL OF THE REVENUE IN I.T.(SS)A.NO.60/MDS/2008 STANDS DISMISSED. 6. TO SUMMARIZE THE RESULT I.T.(SS)A.NO.51/MDS/2008 - DISMISSED I.T.(SS)A.NO.52/MDS/2008 - DISMISSED I.T.(SS)A.NO.60/MDS/2008 - DISMISSED C.O.NO.128/MDS/2008 - DISMISSED I.T.A.NOS.1005& 1006/2008 - DISMISSED THE ORDER PRONOUNCED IN THE OPEN COURT ON 18.3.2011 SD/- SD/- (ABRAHAM P GEORGE) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 18 TH MARCH 2011 RD COPY TO: APPELLANT /RESPONDENT/CIT(A)/CIT/DR