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Issues involved: Appeal by Revenue and Cross-Objection by assessee against order of CIT(A) for Assessment Year 2010-11 regarding filing of voyage final returns u/s 172(3) without paying freight tax.
Summary: 1. The appeal by Revenue and Cross-Objection by the assessee were against the order of CIT(A) for the Assessment Year 2010-11. The agent filed various voyage final returns u/s 172(3) without paying freight tax. The Assessing Officer passed an order u/s 172(4) working out income and tax payable. The assessee contended that the order u/s 172(4) should be quashed as the Principal had filed a return u/s 139. The ld CIT(A) quashed the assessment, stating that the assessee had opted for assessment u/s 172(7) by filing a return u/s 139, establishing it was in regular shipping business. The Revenue appealed on grounds including the assessee being assessable u/s 172(7) and availability of DTAA benefits. 2. The assessee filed Cross-objections, challenging the AO's objections and raising various grounds related to the assessment. The Revenue argued that the assessee never raised the issue of filing a return u/s 139 before the AO. The ld CIT(A) annulled the assessment after considering the legal issue raised. The ITAT upheld the view taken by the ld CIT(A) based on previous decisions. The Revenue's appeal was dismissed, and the Cross-objections were deemed infructuous and dismissed as well. 3. The ITAT noted that the facts were similar to a previous case where the order u/s 172(4) was quashed, and the jurisdictional AO was directed to verify and take necessary action u/s 172(7) to ensure proper assessment. The appeal of the Revenue was dismissed, and the Cross-objections were also dismissed as infructuous, as they supported the ld CIT(A)'s order. 4. In conclusion, the appeal by Revenue and Cross-objections by the assessee were dismissed based on the findings and observations made during the proceedings.
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