EASYACCESS FINANCIAL SERVICES LTD,CHENNAI vs. ITO, COPR WARD 2(1), CHENNAI
In the result, the appeal filed by the assessee is allowed
ITA 587/CHNY/2024[2012-13]Status: DisposedITAT Chennai14 Jun 2024AY 2012-13
Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 587/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Easyaccess Financial Services Ltd., The Income Tax Officer, New No.18, Old No.40, Vs. Corporate Ward 2(1), Mussuri Subramaniam Salai, Chennai. (Oliver Road), Mylapore, Chennai – 600 004. Pan: Aabce 4646G (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. M. Lavanya, Fca & Shri Shrenik Chordia, Ca ""यथ" क" ओर से/Respondent By : Shri N. Sanjay Gandhi, Jcit सुनवाई क" तारीख/Date Of Hearing : 13.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 14.06.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) In Order No.Itba/Nfac/S/250/2023- 24/1060282095(1) Dated 30.01.2024. The Assessment Was Framed By The Deputy Commissioner Of Income Tax, Corporate Circle 2(1), Chennai For The Assessment Year 2012-13 U/S.143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 27.09.2017. 2. The First Issue In This Appeal Of Assessee Is As Regards To Assumption Of Jurisdiction By The Ao For Reopening Of Assessment U/S.147 R.W.S. 148 Of The Act, As The Ao During The Original Assessment Proceedings Has Formed An Opinion After Seeking Explanation & After Examining The Present Issue Of Factoring Of Income U/S.143(3) Of The Act. Hence, Now Reopening Is Bad In Law. The Assessee Also Raised The Interconnected Issue, Which Is On Merits That The Cit(A) Erred In Confirming The Addition Made By The Ao Beig Factoring Income In The Hands Of The Assessee.
For Appellant: Ms. M. Lavanya, FCA &For Respondent: Shri N. Sanjay Gandhi, JCIT
Section 143(3)Section 147Section 148
…ed by the AO and the CIT(A)-NFAC on the decision of Hon’ble Madras High Court in the case of TVS Finance and Services Ltd., supra, is without basis wherein the Hon’ble Madras High Court in the case of CIT vs. Tamilnadu Mercantile Bank Ltd., reported in [2007] 291 ITR 137 has categorically recorded the finding that even after deletion of section 18 of interest on securities, which was taxable only on specified dates when it becomes due for payment and not on accrual basis. The Hon’ble Madras High Court in the case of Tamilnadu Mercantile Bank Ltd., held that there was no change in the method of accounting by the a…