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TMI Blog2018 (12) TMI 1595X X X X Extracts X X X X X X X X Extracts X X X X ..... iar facts and circumstances of the case, we deem it appropriate to remand the matters to the Tribunal to consider the above referred to substantial questions of law. We make it clear that in so far as the issues, which have been remanded by the Tribunal to the Assessing Officer, against which, no appeals have been filed by either the Revenue or the assessee, we do not interfere with the same and the Assessing Officer is directed to carry out the directions issued by the Tribunal. - Tax Case Appeal Nos.718 to 720 and 805 to 809 of 2018 And CMP.Nos.15383 to 15385, 19838, 19849, 19852 & 19856 of 2018 - - - Dated:- 10-12-2018 - Mr. Justice T.S. Sivagnanam And Mr. Justice N. Sathish Kumar For the Assessee : Mr.T.P.Prabhakaran for Mr.N.Sankarasabari For the Revenue : Mr.T.R.Senthilkumar, SSC COMMON JUDGMENT T.S.SIVAGNANAM, J. This is a bunch of appeals filed by both the Revenue as well as the assessee under Section 260A of the Income Tax Act, 1961 (hereinafter called the Act) against the common order passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai (for short, the Tribunal), respectively in ITA.Nos. 1495, 1493, 1494, 1497, 1499, 1496 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal was correct in law in deciding that addition, if any, can be made in the hands of M/s.Arputharaj Associates and not in the hands of the assessee without appreciating the fact that M/s.Arputharaj Associates is only a proprietary concern of the assessee and the income of such concern is assessable only in the hands of the assessee ? ii. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in accepting the assessee's contention that the sales abstract was prepared only for obtaining bank loan at face value, without any supporting documentary evidence ? And iii. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that no addition could be made only on the basis of sales abstract found in the course of search without appreciating the decision of this Court in the case of CIT Vs. Rangroopchand Chordia [reported in 241 Taxman 221]? 6. Before the Tribunal, other issues were raised and they have been remanded to the Assessing Officer for a fresh consideration. The Revenue is not on appeal against those findings. 7. We have heard Mr.T.P.Prabhakaran, learned counsel appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal to consider the appeals filed by the assessee along with stay petitions and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of that order. A time frame was fixed by the learned Single Judge directing the Tribunal to dispose of the appeals and stay petitions within a period of two weeks from date of receipt of a copy of that order. 11. When the Tribunal took up the matter for hearing, the learned counsel appearing for the assessee at that time reported no instructions and withdrew his vakalat. Therefore, the Tribunal was well justified in proceeding with the matters as done in this case, which culminated in the common impugned order. After the common impugned order was passed, since the demand notices were issued pursuant to the assessment orders passed in 2016, the assessee moved the second set of writ petitions before this Court namely W.P.Nos.20447 to 20449 of 2018. The second set of writ petitions were disposed of by another learned Single Judge of this Court vide common order dated 09.8.2018 wherein it was noted that though the Tribunal passed the order on 13.6.2018, for over a period of two months, the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the second set of writ petitions filed by the assessee. Therefore, neither of them can be wholly blamed for such a situation. However, considering the complexity of the matter and the assessee being an individual and also the Tribunal having noted that as many as 22 grounds were raised by the assessee, we deem it appropriate that the assessee should be granted one more opportunity before the Tribunal. However, such an opportunity will also contain stringent conditions on the assessee. 15. With regard to the Revenue s appeals, two common questions were raised in all the appeals in respect of the protective assessment done in the hands of the assessee to the tune of ₹ 8.30 Crores. 16. The assessee s case is that one of the employees by name Ms.Dhanalakshmi had swindled the amounts, that the assessee had lodged a complaint and that the Central Bureau of Investigation (CBI) had taken up the matter for investigation and laid the first information report. As on date, the CBI filed the final report before the Special Court. 17. The Revenue s case is that the said Ms.Dhanalakshmi is the conduit of the assessee. They relied upon the bill books seized from the assessee s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the directions issued by the Tribunal. 23. In the result, the above tax case appeals are allowed, the common impugned order passed by the Tribunal is set aside to the extent indicated above and the Tribunal shall afford an opportunity to the learned counsel for the assessee to make his submissions and consider the matters in accordance with law. The assessee shall not take any adjournment before the Tribunal and fully cooperate with the Tribunal by arguing the matters and placing all the matters before the Tribunal. In the light of the above, the substantial questions of law are left open for a decision by the Tribunal. No costs. Consequently, the connected CMPs are closed. 24. The learned Senior Standing Counsel for the Revenue submits that the recovery proceedings have been stalled. 25. We find from the common order passed in W.P.Nos.20447 to 20449 of 2018 dated 09.8.2018 that this Court directed the demand notices dated 09.7.2018 to be kept in abeyance for a period of two weeks. Therefore, it is well open to the assessee to move for appropriate interim protection, if so advised. Since we have remanded the matter for a fresh consideration before the Tribunal on the issu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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