Shri M. Asokan, Theni V. ITO, Theni

MA 183/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9214 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 03-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

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.183/CHNY/2018 (IN I.T.A. NO.2124/CHNY/2016) ' (' / ASSESSMENT YEAR : 2012-13 SHRI M. ASOKAN, 61, JAGANNATHAN STREET, ALLINAGARAM, THENI 625 531. PAN : ACKPA 0293 K V. THE INCOME TAX OFFICER, WARD 1, THENI. (*+' /PETITIONER) (*,+-/ RESPONDENT) *+' / 0 /PETITIONER BY : NONE *,+- / 0 / RESPONDENT BY : NONE 1 / 2$ / DATE OF HEARING : 29.03.2019 3'( / 2$ / DATE OF PRONOUNCEMENT : 29.03.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER O F THIS TRIBUNAL DATED 17.07.2018. 2. NO ONE APPEARED FOR BOTH THE ASSESSEE AND THE RE VENUE WHEN THE MISCELLANEOUS PETITION WAS TAKEN UP FOR HE ARING. 2 M.P. NO.183/CHNY/18 THEREFORE, WE PERUSED THE MATERIAL AVAILABLE ON REC ORD AND PROCEEDED TO DISPOSE THE MISCELLANEOUS PETITION ON MERIT. 3. THE ONLY GRIEVANCE OF THE ASSESSEE APPEARS TO BE THAT THIS TRIBUNAL OBSERVED THAT THE AMOUNT RECEIVED BY THE A SSESSEE TO THE EXTENT OF 1,14,00,000/- WAS FOUND TO BE NOT RETURNED BY THE ASSESSEE TO THE LAND OWNERS OR TO ANYBODY ELSE. TH IS OBSERVATION, ACCORDING TO THE ASSESSEE, IS CONTRARY TO THE MATER IAL AVAILABLE ON RECORD, MORE PARTICULARLY PAGE 71 OF THE PAPER-BOOK . WE HAVE CAREFULLY GONE THROUGH THE COPY OF CANCELLATION DEE D WHICH IS AVAILABLE AT PAGE 71 OF THE PAPER-BOOK. THIS CANCE LLATION DEED INDICATES THAT THE ASSESSEE ALONG WITH SHRI P. MURU GESAN AND SHRI M.G. KARTHIKEYAN RECEIVED 1,14,00,000/- FROM SHRI N.R.T.R. THIAGARAJAN. IT FURTHER INDICATES THAT SINCE SHRI N.R.T.R. THIAGARAJAN DID NOT LIKE TO SELL THE PROPERTY, RECE IVED BACK THE ADVANCE FROM THE ASSESSEE AND SAID SHRI P. MURUGESA N AND SHRI M.G. KARTHIKEYAN. THIS TRIBUNAL REMITTED BACK THE MATTER TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO RE-E XAMINE THE MATTER AND THEREAFTER DECIDE THE ISSUE AFRESH IN ACCORDANC E WITH. WHILE RE- EXAMINING THE MATTER, THE ASSESSING OFFICER SHALL A LSO EXAMINE WHETHER THE ABOVE SUM OF 1,14,00,000/- SAID TO BE RECEIVED BY THE ASSESSEE WAS RETURNED TO THE RESPECTIVE OWNERS OR N OT AND 3 M.P. NO.183/CHNY/18 THEREAFTER DECIDE THE ISSUE AFRESH IN ACCORDANCE WI TH LAW AFTER CONSIDERING THE NECESSARY MATERIAL AVAILABLE ON REC ORD. 4. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON 29TH MARCH, 2019 AT CHENNAI. SD/- SD/- (. !'# ! ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 29 TH MARCH, 2019. 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.