T.c. (Appeal) v. The Assistant Commissioner Of Income-Tax, Media Circle Ii, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE P. SATHASIVAMandTHE HONOURABLE MR.JUSTICE S. TAMILVANAN Dr. K.J. Yesudass T.C. (Appeal) No.2597 of 2006AND TMP.No.1 of 2006 .......Appellant.vs. The Assistant Commissioner of Income-tax,Media Circle II, Chennai. ... Respondent. T.C. Appeal filed U/S 260 A of the IT Act, 1961 against the orderof the Income-tax Appellate Tribunal, Bench-A, Chennai dated30.11.2005 made in ITA. No.971/Mds/2004, for the assessment year 1993-94. (ITA No.06/03-04 dated 5.2.2004 on the file of the Commissioner ofIncome Tax (Appeals) VI, Chennai-34 against GIR & P.A. No.10701-Ydated 28.3.2003 on the file of the Assistant Commissioner of IncomeTax, Media Circle II, Chennai-34). For appellant : Mr. K. Venkatraman for M/s.Subbaraya Aiyar & Ramamani....JUDGMENT (Judgement of the Court was delivered by P. SATHASIVAM,J.) This tax case appeal is directed against the order of the Income-tax Appellate Tribunal, Bench-A, Chennai dated 30.11.2005 made in ITANo.971/Mds/2004 for the assessment year 1993-94. 2. After hearing both sides and on perusing the records, theappellate Tribunal, after finding that whether the goods ormerchandise were crossed the frontiers so as to effect the completionof export out of India is not clear from the records, in order to cometo a correct conclusion that there was completion of export, onsatisfying itself, remitted the matter back to the Assessing Officer,who in turn will decide the issue in accordance with law. In supportof the above conclusion, the Tribunal relied on the decision of the https://hcservices.ecourts.gov.in/hcservices/ Bombay High Court in the case of Abdulgafar A. Nadiawala vs. ACIT &Others reported in 267 ITR 488. No doubt, the learned counsel for theappellant submitted that the decision of the Bombay High Court isunder challenge before the Supreme Court and the Special LeavePetition is pending. 3. It is not in dispute that as on date the decision of theBombay High Courte cited supra holds the field. Even otherwise, inview of the categorical conclusion held by the Appellate Tribunalthat, whether the goods or merchandise were crossed the frontiers asto the effect the completion of export out of India is not clear fromthe records, it is desirable and in the interest of both parties toconsider the said aspect afresh by the Assessing Officer, we are inagreement with the said conclusion. Hence, we find no substantialquestion of law to entertain the above appeal and the same isaccordingly dismissed. No costs. Consequently, connectedmiscellaneous petition is also dismissed. kh.To Sd/Asst.Registrar/true copy/Sub Asst.Registrar 1.The Assistant Registrar,Income -Tax Appellate Tribunal,Rajaji Bhavan, III Floor,Besant Nagar, Chennai 90 2.The Commissioner of Income-Tax,(Appeals) VI Chennai-34. 3.The Assistant Commissioner of Income-Tax,Media Circle II, Chennai-34. +1cc to M/s. Subbaraya Aiyar Padmanabhan Advocate Sr 53427 JRG (CO)km/29.11. T.C.No.2597 of 2006