Ita/7/2011 Of The Commissioner Of Income Tax, Cochin v. M/S. Kitex Childrenswear Ltd., Pb

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 ITA.No. 7 of 2011() ------------------- AGAINST ORDER IN ITA.1018/COCH/2008 DATED 04/08/2010 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT ---------------------------------------- THE COMMISSIONER OF INCOME TAX-I, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): APPELLANT ------------------------ M/S.KITEX CHILDRENSWEAR LTD., P.B.NO.5, KIZHAKKAMBALAM, ALUVA- 683 562. ADV. SRI.A.KUMAR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA NO.7/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-A :COPY OF ASSESSMENT ORDER UNDER SECTION 143(3) DATED26/12/2007 FOR THE ASSESSMENT YEAR 2005-06. ANNEXURE-B :COPY OF ORDER DATED 24/10/2008 OF THE COMMISSIONER OFINCOME TAX (APPEALS). ANNEXURE-C :COPY OF ORDER DATED 04/08/2010 OF THE INCOME TAXAPPELLATE TRIBUNAL, COCHIN BENCH IN ITA NO.1018/COCH/2008. //TRUE COPY// jg PA TO JUDGE. C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... I.T.A. No.7 of 2011 .................................................................... Dated this the 23[rd] day of November, 2011. J U D G M E N T Ramachandran Nair, J. When the appeal is taken up for hearing, it is fairly conceded by the respondent assessee's counsel that so far asthe first item of Rs.5,48,825/- is concerned, the matterrequires verification by the Tribunal in as much as the Tribunalhas not even verified that the assessee has prior to claimingbad debts accounted the same amount as income for any ofthe preceding years. So far as the 2[nd] item is concerned, i.e.payment allowed as business expenditure without furnishingany details the Tribunal allowed it based on assessee'sarguments. Obviously, the orders of the Tribunal is notsustainable as the same is wanting facts but decided by themby relying on certain decisions in abstract. We, therefore,allow the appeal filed by the Revenue by setting aside theorders of the Tribunal and remand the matter back to the ITA No.7/2011 Tribunal for verification of facts and for rendering decision ina responsible manner. (C.N.RAMACHANDRAN NAIR, JUDGE) jg (K.VINOD CHANDRAN, JUDGE)