Txa/43/2015 Of M/S.chowgule And Company Pvt. Ltd v. Assistant Commissioner Of Income Tax, Circle

1 txa43-15 IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO. 43/2015 M/s. Chowgule & Company Pvt. Ltd., Chowgule House, Mormugao Harbour, Goa. V/s. …...... Appellant. 1. Assistant Commissioner of Income Tax,Circle 2, Margao, Goa. 2. Union of India, through the Secretary (Revenue), Ministry of Finance, North Block, New Delhi. …....... Respondents. Mr. Mihir Naniwadekar, and Mr. Purushottam R. Karpe, Advocates for the appellant. Ms. Asha Desai, Advocate for the respondents. CORAM :- F.M. REIS & K.L. WADANE, JJ. Date : - 7[th] October, 2015. ORAL JUDGMENT : (PER F.M. REIS, J.) Heard Mr. Mihir Naniwadekar, learned Counsel appearing for the appellant and Ms. Asha Desai, learned Counsel appearing forthe respondents. 2 txa43-15 2. Admit, on the following substantial question of law : Whether the order passed by the learned Income TaxAppellate Tribunal dated 15/1/2015, stands vitiated fornon-consideration of the grounds raised by the appellantin the cross objections dated 10/10/2014 ? 3. Heard forthwith with the consent of the learned Counsel.Learned Counsel appearing for the respondents waives notice. 4. Learned Counsel appearing for the appellant has pointedout that in the cross objection filed by the appellant dated 10/10/2014there were specific jurisdictional grounds raised by the appellant,inter alia, disputing the exercise carried out by the respondents toreopen the assessment in respect of the Assessment Year 2004-05. Thelearned Counsel appearing for the appellant has taken us through theimpugned order passed by the learned Tribunal to point out that thesecontentions have not at all been addressed by the learned Tribunalwhilst disposing of the appeal preferred by the respondents/Revenue.The learned Counsel appearing for the respondents herein has fairlyaccepted the said position that these grounds were raised, but notconsidered by the learned Tribunal whilst disposing of the appeal 3 txa43-15 preferred by the Revenue. 5.Having heard the learned Counsel, we find that on thisground alone, the impugned order passed by the leaned Tribunalstands vitiated and deserves to be quashed and set aside and the matterneeds to be remanded to the learned Tribunal to decide the appealpreferred by the respondents, afresh, after hearing the parties anddealing with the cross objections filed by the appellant herein, inaccordance with law. 6.In view of the above, we pass the following Order : (I)The impugned Order dated 15[th] January, 2015, passed bythe Income Tax Appellate Tribunal, Panaji is quashed and set aside.the Income Tax Appellate Tribunal, Panaji is quashed and set aside. (II)Appeal No. ITA NO.288/PNJ/2014 is restored to the file ofthe learned Tribunal.the learned Tribunal. (III)The learned Tribunal shall decide the appeal afresh in thelight of the observations made herein above, in accordance with law.light of the observations made herein above, in accordance with law. (IV)All the contentions of the parties, on merits, are left open.(V)The appeal stands disposed of accordingly. (V)The appeal stands disposed of accordingly. K.L. WADANE, J.ssm. F.M. REIS, J.