M.Abdul Gadhafi, Kannur V. DCIT, Calicut

ITA 144/COCH/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 61512 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2012
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 09-01-2018
• Assessment Year: 2006-2007
• Appeal Filed On: 22-02-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ABHIMANYU SINGH YADAV
• Assessee Lawyers: T M SREEDHARANSR

Judgement Text

1 ITA NO. 143 & 144/COCH/2011 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKARA N(AM) I.TA NO. 143 & 144/COCH/2011 (ASSESSMENT YEARS 2005-06 & 2006-07) SHRI M ABDUL GADHAFI VS THE DY.CIT, CENT.CIR.2 51, M.C. REVERSIDE ENCLAVE KOZHIKODE PO THALASSERY, KANNUR DIST-670 101 PAN : ADJPG5670Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI T.M. SREEDHARAN, SR.COUNSEL RESPONDENT BY : SHRI ABHIMANYU SINGH YADAV DATE OF HEARING : 23-04-2012 DATE OF PRONOUNCEMENT : -05-2012 O R D E R PER N.R.S. GANESAN (JM) BOTH THE APPEALS WERE DISPOSED OF BY THIS TRIBUNAL BY AN ORDER DATED 30- 11-2011. HOWEVER, THE ASSESSEE FILED AN APPLICATION IN M.A. NOS.02 & 03/COCH/2012 ALLEGING THAT GROUND NO.6 RAISED BY TH E ASSESSEE WITH REGARD TO THE INVESTMENT IN MAHE PROPERTY WAS NOT DISPOSED OF BY THIS TRIBUNAL. THIS TRIBUNAL FOUND THAT THE NON DISPOSAL OF THE SPECIFI C GROUND RAISED BY THE ASSESSEE IS AN ERROR WITHIN THE MEANING OF SECTION 254(2) OF THE ACT; THEREFORE, BOTH THE APPEALS OF THE ASSESSEE WERE REFIXED FOR HEARING OF GROUND NO.6 ALONE BY AN 2 ITA NO. 143 & 144/COCH/2011 ORDER DATED 29-03-2012. ACCORDINGLY BOTH THE APPEALS WERE REFIXED FOR HEARING GROUND NO.6 WITH REGARD TO INVESTMENT IN MAHE PROPE RTY. 2. WE HEARD SHRI T.M. SREEDHARAN, THE LD.SENIOR COU NSEL FOR THE ASSESSEE. THE LD.SENIOR COUNSEL FOR THE ASSESSEE SUBMITTED TH AT THE VERY SAME ISSUE WITH REGARD TO INVESTMENT IN MAHE PROPERTY WAS CONSIDERE D BY THIS TRIBUNAL IN THE CASE OF SHRI P.P. BHASKARAN VS DY.CIT IN ITA NOS 708 TO 214/COCH/2011 ORDER DATED 22-09-2011. THIS TRIBUNAL HAS ALSO CONSIDERED THE VERY SAME ISSUE IN THE CASE OF SHRI K ASHRAF VS DY.CIT ITAQ NOS 724 & 725/ COCH/2010 ORDER DATED 25- 08-2011. ACCORDING TO THE LD.REPRESENTATIVE, SINCE THE INVESTMENT IN THE VERY SAME PROPERTY WAS DELETED IN THE CASE OF OTHER CO-OW NERS, THE SAME MAY BE DELETED IN THE HANDS OF THE PRESENT ASSESSEE ALSO. 3. WE HEARD SHRI ABHIMANYU SINGH YADAV, THE LD.DR A LSO. THE LD.DR SUBMITTED THAT SINCE THE INVESTMENT IN THE VERY SAM E PROPERTY BY THE CO-OWNERS WERE DELETED BY THIS TRIBUNAL, HE MAY NOT HAVE ANY OBJECTION IN DELETING THE ADDITION IN THE CASE OF THE PRESENT ASSESSEE ALSO. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL PLACED ON RECORD. AS RIGHTLY SUBMITTE D BY THE LD.SENIOR COUNSEL OF THE ASSESSEE, THE ASSESSEE IS ONE OF THE CO-OWNERS O F THE PROPERTY ALONG WITH SHRI P.P. BHASKARAN & K ASHRAF. IN THE CASE OF SHRI P.P. BHASKARAN & K ASHRAF THE ADDITION MADE BY THE ASSESSING OFFICER WAS DELETED BY THIS TRIBUNAL. SINCE THE VERY SAME PROPERTY IS SUBJECT MATTER OF APPEAL BEFO RE THIS TRIBUNAL THERE CANNOT BE ANY ADDITION IN THE CASE OF THE PRESENT ASSESSEE ALSO. THEREFORE, BY FOLLOWING THE ORDER OF THIS TRIBUNAL IN THE CASE OF SHRI P.P. BHASKARAN & K ASHRAF (SUPRA) THE 3 ITA NO. 143 & 144/COCH/2011 ADDITION MADE IN THE HANDS OF THE PRESENT ASSESSEE IS ALSO DELETED. WE MAKE IT CLEAR THAT THE OTHER PART OF THE ORDER DATED 30-11-20 11 SHALL REMAIN THE SAME. 5. IN THE RESULT, APPEALS ITA NOS 143 & 144/COCH/20 11 ARE PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 25 TH MAY, 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 25 TH MAY, 2012 PK/- COPY TO: 1. SHRI ABDUL GADHAFI, 51, MC RIVERRSIDE ENCLAVE, PO TH ALASSERY, KANNUR-670 101 2. THE DY.CIT, CENT.CIR.2, KOZHIKODE 3. THE COMMISSIONER OF INCOME-TAX(A)-I, KOCHI 4. THE COMMISSIONER OF INCOME-TAX, CENTRAL, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH