ACIT, CHENNAI V. D.Gnanaraj, CHENNAI

ITA 1273/CHNY/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 52200 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 22-12-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 07-07-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR VAKALAT NOT FILED

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL CHENNAI A BENCH, CHENNAI. BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER & SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A. NO. 1273/MDS/2011 ASSESSMENT YEAR: 2006-07 THE ASSISTANT COMMISSIONER OF INCOME TAX,COMPANY CIRCLE V(3), FOURTH FLOOR, MAIN BUILDING, 121 N.H. ROAD, NUNGAMBAKKAM, CHENNAI 34. VS. D. GNANARAJ, 11, OLD NO.5, 6 TH CROSS ST. LAKE AREA, NUNGAMBAKKAM, CHENNAI 600 034. [PAN: AAIPG8181E] (APPELLANT) (RESPONDENT) REVENUE BY : SHRI SHAJI P. JACOB, SR - DR ASSESSEE BY : SHRI S. SRIDHAR, ADVOCATE [VAKALAT NOT FILED] DATE OF HEARING : 22.12.2011 DATE OF PRONOUNCEMENT 22.12.2011 ORDER PER N.S. SAINI, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) V, CHENNAI DATED 01.04.2011 IN THE ASSESSMEN T YEAR 2006-07. 2. THE REVENUE HAS TAKEN FOUR GROUNDS OF APPEAL AN D THE SOLE GRIEVANCE OF THE REVENUE IN ALL THESE GROUNDS OF AP PEAL IS THAT THE LD. CIT(A) ERRED IN DELETING THE ADDITION MADE BY THE ASSESSIN G OFFICER BASED ON FRESH EVIDENCE IN THE FORM OF COPY OF SALE AGREEMENT DATE D 15.02.2005, I.T.A. I.T.A. I.T.A. I.T.A. NO. NO. NO. NO.1 11 1273 273273 273/ // /MDS/ MDS/ MDS/ MDS/11 1111 11 2 CONFIRMATION LETTER AND CASH BOOK OF THE ASSESSEE F ILED FOR THE FIRST TIME VIOLATING THE PROVISIONS OF RULE 46A(3) OF THE INCO ME TAX RULE, 1962. 3. AT THE TIME OF HEARING, THE LD. AR SHRI S. SHRI DHAR, ADVOCATE, VERY FAIRLY CONCEDED THAT THE EVIDENCES IN THE FORM OF S ALE AGREEMENT DATED 15.02.2005, CONFIRMATION LETTER FROM MR. ALEXANDER RAJADURAI AND THE CASH BOOK OF THE ASSESSEE WAS NOT PRODUCED BEFORE THE AS SESSING OFFICER AND IT WAS PRODUCED FOR THE FIRST TIME BEFORE THE LD. CIT( A). HE ALSO SUBMITTED THAT HE DOES NOT HAVE ANY OBJECTION IF THE MATTER IS RES TORED BACK TO THE FILE OF THE ASSESSING OFFICER FOR READJUDICATING THE ISSUE AFTE R CONSIDERING THESE EVIDENCES, WHICH WERE FILED BEFORE THE LD. CIT(A). 4. THE LD. DR SHRI SHAJI P. JACOB, SR-DR ALSO DOES NOT HAVE ANY OBJECTION TO THE ABOVE SUBMISSIONS OF THE LD. AR. T HEREFORE, WE SET ASIDE THE ORDERS OF LOWER AUTHORITIES AND REMAND THE MATT ER BACK TO THE FILE OF THE ASSESSING OFFICER FOR READJUDICATING OF THE ISSUE A FTER PROPER VERIFICATION OF THE EVIDENCES, WHICH WERE FILED BEFORE THE LD. CIT( A) AND NOT FILED BEFORE THE ASSESSING OFFICER AND THERE AFTER ADJUDICATE THE IS SUE AFRESH AS PER LAW. NEEDLESS TO MENTION THAT THE ASSESSING OFFICER SHAL L ALLOW REASONABLE AND PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALL OWED FOR STATISTICAL I.T.A. I.T.A. I.T.A. I.T.A. NO. NO. NO. NO.1 11 1273 273273 273/ // /MDS/ MDS/ MDS/ MDS/11 1111 11 3 PURPOSE. 6. THE LD. AR SHRI S. SRIDHAR, ADVOCATE UNDERTAKES TO FILE VAKALAT. HE IS GIVEN LIBERTY TO FILE THE VAKALAT WITHIN THREE WEEK S. ORDER PRONOUNCED AT THE CLOSE OF THE HEARING IN TH E PRESENCE OF THE PARTIES ON 22.12.2011. SD/- SD/- (GEORGE MATHAN) JUDICIAL MEMBER (N.S.SAINI) ACCOUNTANT MEMBER CHENNAI, DATED, THE 22.12.2011 VM/- TO: THE ASSESSEE//A.O./CIT(A)/CIT/D.R.