(Late) Sheik Ahmed Basheer Rep by Legal Heir S.B.Fazulur Rahman, CHENNAI V. ITO Non Corporate Ward 11(5), CHENNAI

ITA 2137/CHNY/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9732 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 16-07-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: N VIJAYKUMARC A
• Section: 2

Judgement Text

, SMC , IN THE INCOME TAX APPELLATE TRIBUNAL C SMC BENCH : CHENNAI , ! . $ $ , % & BEFORE SHRI JOGINDER SINGH, VICE PRESIDENT & SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.2137/CHNY/2018 / ASSESSMENT YEAR : 2014-15 LATE SHEIK AHMED BASHEER , LEGAL HEIR S B FAZULUR RAHMAN, 152,AMMAN KOIL STREET, GEORGE TOWN, CHENNAI 600 001. VS. THE INCOME TAX OFFICER, NON CORPORATE WARD 11(5), CHENNAI. [PAN AEBPB 3814 Q ] ( '( / APPELLANT) ( )*'( /RESPONDENT) / APPELLANT BY : MR.N.VIJAYKUMAR,C.A /RESPONDENT BY : MR.B.SAGADEVAN,JCIT,D.R / DATE OF HEARING : 03 - 12 - 201 8 / DATE OF PRONOUNCEMENT : 03 - 12 - 201 8 + / O R D E R PER JOGINDER SINGH, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER OF THE COMMISSIONER OF INCOME-TAX ( APPEALS)- 13,CHENNAI IN ITA NO21/CIT(A)-13/2014-15 DATED 18 .05.2018 FOR THE ASSESSMENT YEAR 2014-15 ON THE GROUNDS STATED I N THE GROUNDS OF APPEAL BROADLY UPHOLDING A SUM OF ` .13,05,990/- AS INCOME FROM OTHER ITA NO.2137/CHNY/2018 :- 2 -: SOURCES U/S.56(2)(VII) OF THE INCOME TAX ACT, 1961 WITHOUT APPRECIATING THE VALUE OF THE PROPERTY, PURCHASED B Y THE ASSESSEE, WAS ONLY ` .2,40,00,000/-. 2 DURING HEARING THE LD.COUNSEL FOR THE ASSESSEE FURNISHED A COPY OF THE DEATH CERTIFICATE OF SHRI S.A.BASHEER BY CLAIMING THAT THE ASSESSEE DIED ON 29.01.2018 AND THE IMPUGNED ORDER IS DATED 18.05.2018 AND THUS THE LEGAL HEIR WERE NOT BROUGHT ON RECORD, WHICH CAUSED PREJUDICE TO THE LEGAL HEIR. THE LD.D.R SHRI B.SAGADEVAN DID NOT OPPOSE THE CLAIM OF THE ASSESSEE. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PE RUSED THE MATERIAL AVAILABLE ON RECORD. THE FACE IN BRIEF AR E THAT THE ASSESSEE DECLARED INCOME OF ` .2,16,250/- IN HIS RETURN FILED ON 31.03.2016,. THE LD.A.O HAD REASONED TO BELIEVE THAT THE ASSESSEE PU RCHASED THE PROPERTY ALONG WITH OTHERS ON 12.09.2013 FOR A CONS IDERATION OF ` .2.40 CRORES. AS PER THE REVENUE, THE GUIDELINE VALUE OF THE PROPERTY WAS REPORTED AT 4.29 CRORES, THEREFORE, HE OBSERVED THA T SEC.56(2)(VII) CLAUSE (B) (II) IS APPLICABLE. THE LD.A.O ADDED ` .13,05,990/- AS INCOME FROM OTHER SOURCES U/S.57 (2)(VII) OF THE ACT. WITH OUT GOING INTO MUCH DELIBERATION /MERITS OF THE APPEAL, AS CLAIMED BY T HE LD. COUNSEL FOR THE ASSESSEE, ALL THE LEGAL HEIR ARE EXPECTED TO BE BRO UGHT ON RECORD AND THEN THE APPEAL OF THE ASSESSEE HAS TO BE ADJUDICAT ED ON MERITS. THUS, WE DEEM IT APPROPRIATE TO REMAND THIS APPEAL TO THE FILE OF THE LD.FIRST ITA NO.2137/CHNY/2018 :- 3 -: APPELLATE AUTHROITY TO BRING ALL THE LEGAL HEIR ON RECORD AND THEN, DECIDE IN ACCORDANCE WITH LAW. ALL THE LEGAL HEIR B E HEARD AND PROPER OPPORTUNITY OF HEARING BE PROVIDED TO THEM. THUS, T HE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT, AT TH E CONCLUSION OF THE HEARING, IN THE PRESENCE OF LEARN ED COUNSEL FROM BOTH SIDES ON 03 RD DECEMBER, 2018. SD/ - SD/ - ! ' # $ % & $ % ' (A.MOHAN ALANKAMONY) % & / ACCOUNTANT MEMBER ( ) (JOGINDER SINGH) / VICE PRESIDENT () / CHENNAI *+ / DATED: 03 RD DECEMBER, 2018. K S SUNDARAM +,$$ -.$/. / COPY TO: $ 1 . / APPELLANT 3. $ 0$!' / CIT(A) 5. .12$ 3 / DR 2. / RESPONDENT 4. $ 0 / CIT 6. 24$5 / GF