ITO, CHENNAI V. M/s. L.M.S. Thamby & Co., CHENNAI

MA 176/CHNY/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6716 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-06-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 12-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Gift

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI ... , . !'# ! , $ !% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER && / M.P. NO.176/CHNY/2017 (IN I.T.A. NO.2731/CHNY/2016) ' (' / ASSESSMENT YEAR : 2008-09 THE INCOME TAX OFFICER, NON CORPORATE WARD - 5(2), CHENNAI - 600 006. V. M/S L.M.S. THAMBY & CO., NO.5/3, NACFER LANE, 1 ST FLOOR, PERIAMET, CHENNAI - 600 003. PAN : AAAFL 1896 M (*+' /PETITIONER) (*,+-/ RESPONDENT) *+' / 0 /PETITIONER BY : SHRI AR.V. SREENIVASAN, JCIT *,+- / 0 / RESPONDENT BY : NONE 1 / 2$ / DATE OF HEARING : 01.06.2018 3'( / 2$ / DATE OF PRONOUNCEMENT : 01.06.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS P ETITION PRAYING FOR RECALL OF THE ORDER OF THIS TRIBUNAL DA TED 27.12.2016 ON THE GROUND THAT THE ADDITION MADE IN RESPECT OF MRS . L. KATHEEJA WAS NOT CONSIDERED AT ALL. 2 M.P. NO.176/CHNY/17 2. NO ONE APPEARED FOR THE ASSESSEE INSPITE OF SERV ICE OF NOTICE BY RPAD. THE REGISTRY HAS PLACED ON RECORD THE POSTAL ACKNOWLEDGEMENT AS PROOF OF SERVICE OF NOTICE. THE REFORE, WE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PROCE EDED TO DISPOSE OF THE MISCELLANEOUS PETITION ON MERIT. 3. SHRI AR.V. SREENIVASAN, THE LD. DEPARTMENTAL REPRESENTATIVE, SUBMITTED THAT THERE WERE TWO ADDIT IONS MADE BY THE ASSESSING OFFICER IN THE ASSESSMENT ORDER. ACC ORDING TO THE LD. D.R., A SUM OF 5 LAKHS WAS ADDED IN THE HANDS OF MRS. L. KATHEEJA AND ANOTHER SUM OF 2,80,000/- WAS ADDED IN THE HANDS OF SHRI L.T. ILYAS. ACCORDING TO THE LD. D.R., THIS TRIBUNAL W HILE DISPOSING OF THE APPEAL, MISCONSTRUED THE FACT AS IF THE ENTIRE ADDI TION WAS MADE IN THE HANDS OF SHRI L.T. ILYAS. AFTER REFERRING TO A GIFT OF 5 LAKHS FROM SHRI L.T. BAZUL ASHAB, THIS TRIBUNAL FOUND THAT AN ADDITION TO THE EXTENT OF 2,80,000/- TO BE SUSTAINED AND THE ADDITION OF 5 LAKHS TO BE DELETED. ACCORDING TO THE LD. D.R., WHAT WAS AD DED IN THE CASE OF SHRI ILYAS IS ONLY 2,80,000/- AND NOT 7,80,000/-. THE ANOTHER ADDITION OF 5 LAKHS WAS MADE IN THE HANDS OF MRS. L. KATHEEJA. THEREFORE, ACCORDING TO THE LD. D.R., THE ENTIRE OR DER OF THIS TRIBUNAL WAS PROCEEDED AS IF THE ADDITION WAS MADE ONLY IN T HE HANDS OF SHRI ILYAS. HENCE, ACCORDING TO THE LD. D.R., THE ORDER OF THIS TRIBUNAL 3 M.P. NO.176/CHNY/17 NEEDS RECTIFICATION WHICH CAN BE DONE ONLY AFTER RE CALLING THE ORDER OF THIS TRIBUNAL. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RELEVAN T MATERIAL AVAILABLE ON RECORD. AS RIGHTLY SUBMITTED BY THE L D. D.R., THE ASSESSING OFFICER DISALLOWED A SUM OF 5 LAKHS FROM AND OUT OF CAPITAL INTRODUCED BY MRS. L. KATHEEJA AND NOT OUT OF THE CAPITAL INTRODUCED BY SHRI L.T. ILYAS. IN FACT, THE ASSESS ING OFFICER HAS DISALLOWED ONLY A SUM OF 2,80,000/-. THEREFORE, THERE WAS A CONFUSION IN THE FACTS OF THE CASE WHICH ULTIMATELY RESULTED IN THE NON-DISPOSAL OF THE ISSUE OF ADDITION / DISALLOWANC E MADE IN THE HANDS OF MRS. L. KATHEEJA. AS RIGHTLY SUBMITTED BY THE LD. D.R. THIS FACTUAL ERROR IN THE ORDER COULD BE RECTIFIED ONLY AFTER APPRECIATION OF APPEAL AFRESH. THEREFORE, IN THE INTEREST OF JUSTI CE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE MATTER NEEDS TO BE RECALLED. TO RECTIFY THE FACTUAL ERROR CREPT IN THE ORDER OF THI S TRIBUNAL, THE ORDER OF THIS TRIBUNAL NEEDS TO BE RECALLED. ACCORDINGLY , THE ORDER OF THIS TRIBUNAL DATED 27.12.2016 IS HEREBY RECALLED. THE APPEAL OF THE ASSESSEE IN I.T.A. NO.2731/MDS/2016 NOW STANDS REST ORED ON THE FILE OF THIS TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR FINAL DISPOSAL BEFORE THE REGULAR BENCH ON 1 ST AUGUST, 2018. 4 M.P. NO.176/CHNY/17 5. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JUNE, 2018 AT CHENNAI. SD/- SD/- (. !'# ! ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 1 ST JUNE, 2018. KRI. / *26& 7&(2 /COPY TO: 1. *+' / PETITIONER 2. *,+- /RESPONDENT 3. 1 82 () /CIT(A) 4. 1 82 /CIT 5. &9 *2 /DR 6. :' ; /GF.