Rayala Corporation (P) Ltd., CHENNAI V. ACIT, CHENNAI

ITA 605/CHNY/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77253 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-05-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 12-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T N BETGERI IRS
• Assessee Lawyers: R VIJAYARAGHAVAN
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , . . !' , # '$ % BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENTAND SHRI S.S. GODARA, JUDICIAL MEMBER ./ ITA NO. 605/MDS/2014 # & '& / ASSESSMENT YEAR : 2010-11 M/S RAYALA CORPORATION (P) LTD., 144/7, OLD MAHABALIPURAM ROAD, KOTTIVAKKAM, CHENNAI - 600 041. PAN : AABCR 7230 D V. THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE V(3), CHENNAI - 600 034. ()*/ APPELLANT) (,-)*/ RESPONDENT) )* . / APPELLANT BY : SHRI R. VIJAYARAGHAVAN, ADVOCATE ,-)* . / RESPONDENT BY : SHRI T.N. BETGERI, IRS, JCIT / . 01 / DATE OF HEARING : 8 TH MAY, 2014 2!' . 01 / DATE OF PRONOUNCEMENT : 8 TH MAY, 2014 / O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT THIS APPEAL FILED BY THE ASSESSEE RELATES TO ASSE SSMENT YEAR 2010-11. THE APPEAL IS DIRECTED AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-V AT CHENNAI, PASSED - - I.T.A. NO. 605/MDS/14 2 ON 28.1.2014 AND ARISES OUT OF THE ASSESSMENT COMPL ETED UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961. 2. THE ONLY GROUND RAISED BY THE ASSESSEE IN THE PR ESENT APPEAL IS THAT THE COMMISSIONER OF INCOME TAX (APPE ALS) HAS ERRED IN CONFIRMING THE ASSESSEES INCOME AS INCOME FROM HOUSE PROPERTY AGAINST INCOME FROM BUSINESS AND PROFESSIO N AS CLAIMED BY THE ASSESSEE. 3. THE ISSUE RAISED BY THE ASSESSEE HAS BEEN CONSIS TENTLY DECIDED BY THE JURISDICTIONAL TRIBUNAL IN FAVOUR OF THE REVENUE FOR THE EARLIER ASSESSMENT YEARS. FOR THE ASSESSMENT Y EAR 2008- 09, THE ISSUE HAS BEEN DECIDED BY THE TRIBUNAL IN I .T.A. NO. 1464/MDS/2011 THROUGH THEIR ORDER DATED 6.2.2012 BY DISMISSING THE APPEAL FILED BY THE ASSESSEE. THE ITAT AGAIN C ONSIDERED THE ISSUE FOR ASSESSMENT YEAR 2009-10 IN ASSESSEE'S OWN CASE IN I.T.A. NO. 1819/MDS/2013 THROUGH ORDER DATED 14. 3.2014 AND HELD AGAINST THE ASSESSEE. 4. IN VIEW OF THE ABOVE, WE FIND THAT THIS APPEAL F ILED BY THE ASSESSEE IS LIABLE TO BE DISMISSED. - - I.T.A. NO. 605/MDS/14 3 5. IN RESULT, THIS APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY, THE 8 TH OF MAY, 2014 AT CHENNAI. SD/- SD/- (S.S. GODARA) (DR. O.K. NARAYANAN) ( . . !') ( . . . ) # '$ /JUDICIAL MEMBER /VICE-PRESIDENT /CHENNAI, 4' /DATED, THE 8 TH MAY, 2014. KRI. '5 . ,#067 87'0 /COPY TO: 1. )* /APPELLANT 2. ,-)* /RESPONDENT 3. / 90 () /CIT(A)-V, CHENNAI 4. / 90 /CIT-V, CHENNAI-34 5. 7: ,#0# /DR 6. & ; /GF.