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TMI Blog2013 (12) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... ue in the interest of justice de novo enquiry – Decided against assessee. - ITA. No. 52 of 2013 - - - Dated:- 5-11-2013 - Dr. Manjula Chellur And A. M. Shaffique,JJ. JUDGMENT Manjula Chellur,CJ The Assessee company is before us assailing the orders of the Tribunal in I.T.A.No.79/Coch/2011 so far as assessment year 2002-03. It is not in dispute that the assessee has filed return of income contending that it is engaged in the business of shipping line and global freight forwarding and declared a loss of 3,31,829/- as per the return of income dated 09.10.2002. It is also not in dispute that the said return was processed under Section 143(1) of the Income Tax Act (hereinafter referred to as the 'Act') accepting the returned loss, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he additions made by the Assessing Officer. 4. Aggrieved by the same, the Revenue approached the Tribunal. The Tribunal, after referring to various observations of the Assessing Officer as well as CIT(Appeals), opined that orders of CIT(Appeals) deserves to be set aside and further restored all the issues to the file of the Assessing Officer with a direction to proceed with the assessments de novo without being influenced by the "Annual No Objection Certificate" dated 16.04.2001 issued by the Deputy Commissioner of Income tax, Circle-I, Mattancherry to examine all the issues afresh. Aggrieved by the same the assessee company is before us. 5. Learned counsel appearing for the appellant assessee strenuously argues that once there is accep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered the material placed before the CIT(Appeals) and has opined that the certificate issued by Deputy Commissioner under Section 172 of the Act deserves to be taken into consideration. Therefore, nothing else remains for consideration of Assessing Officer. 7. We have gone through the papers as well as the order of CIT(Appeals) and impugned orders by the Tribunal. Tribunal has in detail referred to the material noticed by the Assessing Officer during proceedings under Section 144 of the Act. At paragraph 5 it also refers to the material pertaining to the assessment of Mumbai Company. The main reason for directing a de novo enquiry was that there are de-centralized companies. In the subsequent orders in the name of M/s.IAL which is nothin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all over India. Since the Assessing Officers denied DTAA benefit to these decentralised companies in the subsequent years also, it is stated that all these decentralised companies were merged with a new entity named "IAL Container Line India Ltd", whose registered office is located in Kochi. We may caution here that the details discussed above are not clearly emanating from record and we have made only an attempt to understand the back ground of the operations from the observations of the AO. Hence, we may mention that these details require authentication from the tax authorities. The purpose of making these discussions and the purpose of qualifying the observations are that the facts surrounding the various issues under consideration have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agent of the UK Company. Accordingly he completed the assessment in the instant case by assessing the entire receipts from shipping activities amounting to Rs.1,86,20,408/- in the hands of the assessee on protective basis. The AO also made various other additions and determined a total income of Rs.18,61,14,180/-. It is pertinent to note that the Assessing Officer did not make any reference to any of the letters, details or particulars, if any, filed by the assessee in the assessment order." 8. Paragraph 9 refers to the reasoning why the Tribunal felt in the interest of justice de novo enquiry would clearly established what exactly is the nature of operations conducted by the Cochin Company. It is also glaring and relevant to mention tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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