Shri D.Rajagopalan, CHENNAI V. ACIT, CHENNAI

CO 25/CHNY/2006

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 4882 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 5 month(s) 7 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2001-2002
• Appeal Filed On: 30-01-2006
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH A CHENNAI BEFORE SHRI PRADEEP PARIKH, VICE PRESIDENT AND SHRI GEORGE MATHAN, JUDICIAL MEMBER .. C.O. NO.25/MDS/2004 (IN I.T.A. NO. 919/MDS/2004) ASSESSMENT YEAR : 2001-02 SHRI D. RAJAGOPALAN, F-2, NAVINS PUSHPA, NO.6, KAMATCHIPURAM I STREET, WEST MAMBALAM, CHENNAI-600 033. VS. THE ASSISTANTCOMMISSIONER OF INCOME-TAX, SALARY CIRCLE-II, CHENNAI. (PAN: AAAPR 4048 K) (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY : NONE RESPONDENT BY : SHRI SHAJI P. JACOB O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THE CROSS OBJECTION BY THE ASSESSEE IS AGAINST THE APPEAL OF THE DEPARTMENT IN I.T.A.NO. 919/MDS/2004 WHICH WAS REGA RDING THE ALLOWABILITY OF RELIEF UNDER SECTION 89 (1) OF THE INCOME-TAX ACT, 1961 IN RESPECT OF THE AMOUNT, WHICH WAS RECEIVED BY THE ASSESSEE AT THE TIME OF V OLUNTARY RETIREMENT FROM HIS C.O. NO. 25/MDS/2006 2 EMPLOYER, A PART OF WHICH WAS ALLOWED AS EXEMPT U/S . 10(10C) OF THE ACT. AS PER THE RECORDS OF THE TRIBUNAL, THE APPEAL OF THE DEPARTMENT HAS BEEN DISPOSED OF ON 28-02-2006 AND WHEREBY THE ORDER OF THE CIT(A ) HAS BEEN UPHELD. THE PRESENT CROSS OBJECTION IS MERELY IN SUPPORT OF THE ORDER OF THE CIT(A). NO OTHER ISSUE IS RAISED BY THE ASSESSEE. THEREFORE, IN VIE W OF THE FACT THAT THE APPEAL OF THE DEPARTMENT HAS BEEN DISMISSED, THE CROSS OBJECT ION IS RENDERED INFRUCTUOUS AND HENCE REJECTED. 2. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESS EE IS DISMISSED AS INFRUCTUOUS. 3. THE ORDER WAS PRONOUNCED IN THE COURT ON 7 TH JULY, 2010. SD/- SD/- (PRADEEP PARIKH) (GEORGE MATHAN) VICE PRESIDENT JUDICIAL MEMBER CHENNAI, DATED THE 7 TH JULY, 2010. H. COPY TO: CROSS OBJECTOR/AO/CIT (A)/CIT/D.R./GUARD F ILE C.O. NO. 25/MDS/2006 3 IN THE INCOME TAX APPELLATE TRIBUNAL BENCH A CHENNAI BEFORE SHRI PRADEEP PARIKH, VICE PRESIDENT AND SHRI GEORGE MATHAN, JUDICIAL MEMBER C.O. NO. 25/MDS/2006 (IN ITA NO. 919/MDS/2004) ASSESSMENT YEAR : 2001-02 SHRI D. RAJAGOPALAN, F-2, NAVINS PUSHPA, NO.6, KAMATCHIPURAM I STREET, WEST MAMBALAM, CHENNAI-600 033. VS. THE ASSISTANTCOMMISSIONER OF INCOME-TAX, SALARY CIRCLE-II, CHENNAI. (PAN: AAAPR 4048 K) (CROSS OBJECTOR) (RESPONDENT) CORRIGENDUM PER GEORGE MATHAN, JUDICIAL MEMBER : THE C.O. NUMBER IN THE CAUSE TITLE OF THE ORDER OF THE TRIBUNAL DATED 7 TH JULY, 2010 APPEARING AS C.O. NO. 25/MDS/2004 WHIC H IS A TYPOGRAPHICAL MISTAKE, MAY BE READ AS C.O. NO. 25/MDS/2006 . SD/- SD/- (PRADEEP PARIKH) (GEORGE MATHAN) VICE PRESIDENT JUDICIAL MEMBER CHENNAI, DATED THE 2 ND AUGUST, 2010. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE