SRI.K.G.MICHAEL,KOCHI vs. THE ITO, WD-1(3), KOCHI

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ITA 82/COCH/2019Status: DisposedITAT Cochin08 April 2019AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee's authorized representative stated that the assessee was not interested in pursuing the appeal. The Tribunal dismissed the appeal, granting the assessee liberty to file an appeal against any consequential order.

What were the facts?

The assessee filed an appeal against an order passed by the Principal Commissioner of Income-tax under Section 263 of the Act. The grounds of appeal related to the order being barred by limitation and the Principal Commissioner's decision being based on a change of opinion without adequate reasons.

What were the issues?

Whether the order passed under Section 263 was barred by limitation and if it was erroneous due to a change of opinion without adequate reasons.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

For Appellant: Shri C.B.M. Warrier, CA
For Respondent: Smt. A.S. Bindhu, Sr. DR
Hearing: 08/04/2019Pronounced: 08/04/2019

Per CHANDRA POOJARI, AM:

This appeal filed by the assessee is directed against the order passed by the Pr.

CIT, Kochi u/s. 263 of the Act dated 05/12/2018 and pertain to the assessment

year 2011-12.

2.

The assessee raised the following grounds of appeal:

1) Order u/s. 263 of the Principal Commissioner of Income-tax, Kochi is barred by limitation. Since the order is served on the appellant on 14/01/2019.

2) The Principal Commissioner of Income-tax has decided that the assessment order is erroneous due to a change of opinions and without adequate reasons.

I.T.A. No.82/Coch/2019

3.

At the time of hearing, the Ld. AR made an endorsement that the assessee is

not interested in pursuing this appeal. However, he made it clear that the assessee

may be permitted to file appeal against the consequential order to be passed

against the impugned order passed u/s. 263 of the Act.

4.

We have heard the rival submissions and perused the record. We dismiss the

appeal of the assessee with a liberty to the assessee to file appeal against the

consequential order to be passed against the impugned order passed u/s. 263 of

the Act.

5.

In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on this 08th April, 2019

sd/- sd/- (GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER

Place: Kochi Dated: 08th April, 2019 GJ Copy to: 1. Shri K.G. Michael, Koppandisseril House, Thomaspuram, Maradu P.O., Kochi-682 304. 2. The Income Tax Officer, Non-Corporate Ward-1(3), Kochi.. 3. The Pr. Commissioner of Income-tax, Kochi. 4. D.R., I.T.A.T., Cochin Bench, Cochin. 5. Guard File. By Order

(ASSISTANT REGISTRAR) I.T.A.T., Cochin

I.T.A. No.82/Coch/2019

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