PUTHOOKKADAN ABDULLA NOUSHAD,KOTTAYAM vs. THE ITO WARD 4, KOTTAYAM
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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Waseem Ahmed & Shri Soundararajan K
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Waseem Ahmed, Accountant Member & Shri Soundararajan K, Judicial Member ITA No.733/Coch/2023: Asst.Year 2010-2011 SA No.166/Coch/2023 Sri.Puthookkadan Abdulla The Income Tax Officer Noushad, Ward 4 v. IX/824, Arabian Restaurant, Kottayam. Puthukkodan Building Near Municipal Office Kottayam – 686 001. PAN :AHPPN9326A. (Appellant/Applicant) (Respondent)
Appellant/Applicant by: Sri.Suresh Kumar Varma, CA Respondent by: Smt.Girly Albert, Sr.DR Date of Pronouncement : 26.09.2024 Date of Hearing : 23.09.2024 O R D E R Per Bench : This assessee’s appeal ITA No.733/Coch/2023 (alongwith its stay application SA No.166/Coch/2023 therein) for assessment year 2010-2011 arises out of the order of the Commissioner of Income-tax (Appeals)-12, Bengaluru dated 17.08.2023in the proceedings u/s143(3) of the Income-tax Act, 1961; in short “the Act” hereinafter.
At the outset, the learned Counsel appearing on behalf of the assessee before us submitted that the premises of the assessee was subject to survey operation u/s133A of the Act dated 24-01-2011. Based on such survey operation,
2 ITA No.733/Coch/2023 & SA No.166/Coch/2023. Sri.Puthookkadan Abdulla Noushad. proceedings were initiated against the assessee u/s143(3) of the Act for the assessment years 2009-2010, 2010-2011 and 2011-2012. The ld.AR further submitted that the issues involved in all the years are common, i.e., estimation of income along with other disputed additions. It was pointed out by the ld.AR that the proceedings pertaining to the year of survey, i.e., A.Y. 2011-2012 and the A.Y. 2009-2010 are pending before the CIT(A). As per the ld.AR, the lead case is the year of survey being A.Y. 2011-2012 should be decided first, which is pending before the ld.CIT(A). Accordingly, the ld.AR prayed to set aside the matter to the file of the ld.CIT(A) for fresh adjudication as per the provisions of law along with the year of survey, i.e., A.Y. 2011-2012.
On the contrary, the ld.DR raised no objection if the matter is set aside to the file of the ld.CIT(A) for fresh adjudication as per the provisions of law.
We have heard rival contentions and perused the materials available on record. Admittedly, the addition was made in the year of survey, i.e., A.Y. 2011-2012 by estimating the income based on the turnover. As such, on account of survey u/s133A of the Act, the proceedings were initiated for the year in dispute as well as for the assessment year 2009- 2010. In our considered view, since the proceedings relating to year of survey is pending before the ld.CIT(A), we are inclined to remit the issue on hand to the file of the ld.CIT(A) for fresh adjudication with respect to all the grounds of appeal raised by the assessee in the memo of appeal. Hence, grounds of
3 ITA No.733/Coch/2023 & SA No.166/Coch/2023. Sri.Puthookkadan Abdulla Noushad. appeal of the assessee are hereby allowed for statistical purposes.
Since the appeal is disposed of, the stay petition filed by the assessee becomes infructuous, and the same is accordingly dismissed.
In the result, the appeal by the assessee is allowed for statistical purposes and the stay petition is dismissed as infructuous.
Order pronounced on this 26th day of September, 2024. Sd/- Sd/- (Soundararajan K) (Waseem Ahmed) JUDICIAL MEMBER ACCOUNTANT MEMBER Cochin ; Dated : 26th September, 2024. Devadas G* Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT Concerned. 4. The DR, ITAT, Cochin. 5. Guard File. Asst.Registrar/ITAT, Cochin
