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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI D.S.SUNDER SINGH
आदेश / O R D E R
PER D.S.SUNDER SINGH, ACCOUNTANT MEMBER
This is an appeal filed by the assessee against the order dated 25.06.2014 of Commissioner of Income Tax (Appeals)-II, Coimbatore in for the Assessment Year 2006-07.
The assessee filed return of income declaring total income of Rs.2,74,70,350/- on normal computation and Rs.3,63,16,022/- on book profit u/s.115JB of Income Tax Act (in short “the Act”).
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The assessment was completed u/s.143(3) on 10.12.2008.
Subsequently, the case was re-opened u/s.147 of the Act and completed re-assessment u/s.143(3) r/w u/s.147 of the Act by an Order dated 06.12.2010. In the re-assessment proceedings, the AO made certain additions and re-assessed the total income at Rs.3,65,24,108/- on normal computation.
Aggrieved by the order of the AO, the assessee filed an appeal before the CIT(A) and the CIT(A)-II, Coimbatore, disposed off the appeal by an Order dated 05.06.2013 in Appeal No.138/10-11. Against the order of the CIT(A), the assessee filed an appeal before this Tribunal and specifically pleaded that the re-opening of assessment was only a change of opinion and not sustainable in law. It was noticed from the Ld. CIT(A)’s order that the ground regarding the reopening of assessment was not adjudicated.
Therefore this Tribunal has passed an order in dated 10.04.2014 remitting the issue back to the file of CIT(A) directing the CIT(A) to deal with the issue relating to the re-assessment and decide the Appeal afresh in accordance with law.
5.0 Consequent to the order of the Hon’ble ITAT in dated 10.04.2014, the Ld.CIT(A)-II has passed the order on 25.06.2014, deciding the issue relating to re-opening of assessment and held that other issues were already decided in the earlier order and hence need not be considered again. In the intermittent period the assessee filed Miscellaneous Petition before this Tribunal requesting for ITA No.2258/Mds/2016 :- 3 -: clarification regarding the scope of earlier order of this Tribunal dated 10.04.2014. i.e. Whether the appeal has been remitted to the file of CIT(A) for consideration of entire case or only to the limited extent of the issue u/s.147. The Hon’ble ITAT “D” Bench in its MP No.4/Mds/2016 (in dated 04.03.2016 passed the order clarifying that the entire case has been remitted back to the file of the Ld.CIT(A) to decide the appeal afresh. The Ld.CIT(A) in appeal order No.118/14-15 dated 25.06.2014 has addressed the issue relating to the validity of reassessment u/s.147 but not the remaining issues.
Ld A.R. placed all the cited orders before us and requested the Tribunal to remit the matter back to the file CIT(A) with suitable directions.
On the other hand the Ld. D.R fairly conceded the facts.
6.0 We heard the rival submissions and perused the orders the lower authorities and the orders of the Tribunal. This Tribunal in their order M.P.No.4/Mds/2013 dated 4th March, 2016 disposed off the Miscellaneous Petition clarifying that the Tribunal has remitted back the case to the file of Ld.CIT(A) for deciding all the issues in the appeal. Therefore, we remit matter back the to the CIT(A) in its entirety to address all the grounds raised in appeal afresh and decide the matter as per law.
7.0 In the additional ground of appeal, the assessee raised validity of jurisdiction of the assessment order passed on non-existent entity. The AO passed order u/s.143(3) r/w Sec.147 dated 06.12.2010 in the name of M/s.Emperor Spinners (P) Ltd., instead of M/s.Emperor Textiles Pvt. Ltd. M/s.Emperors Spinners Pvt. Ltd., has been merged with M/s.Emperor
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Textiles Pvt. Ltd. However, assessee also filed original appeal before the Ld.CIT(A) and the Hon’ble ITAT passed the order in the name of M/s.Emperors Spinners Pvt. Ltd., in ITA No.1697/Mds/2013. In the second round of appeal also, Form No.36 was filed in the name of M/s.Emperor Spinners (P) Ltd., instead of in the name of merged company. In the second round of appeal before this Tribunal, the assessee filed Revised Form-36 in the name of M/s.Emperor Textiles (P) Ltd., on 16.12.2014. Therefore, it is observed from the records that the assessee is committing a mistake while representing the case. When this discrepancy was brought to the notice of the Ld.AR, the Ld.AR did not press this ground. Therefore, this ground is dismissed as not pressed.
8.0 In the result, the appeal of the assessee is partly allowed for statistical purposes.