ITO Business Ward XIII(2), CHENNAI V. A.Jesu Rajendran, CHENNAI

MA 203/CHNY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2998 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 24-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K G RAGHUNATH
• Keywords: Revised return
• Section: 142(1); 139(5); 143(1); 148

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI ... , . !' , # $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER %% / M.P. NO.203/CHNY/2018 (IN I.T.A. NO.2817/CHNY/2017) & '& / ASSESSMENT YEAR : 2005-06 THE INCOME TAX OFFICER, BUSINESS WARD - XIII(2), CHENNAI (NOW, THE INCOME TAX OFFICER, NON CORPORATE WARD -10(2), CHENNAI) V. SHRI A. JESU RAJENDRAN, NO.7, VALLALAR STREET, VETRISELVI ANBALAGAN NAGAR, CHENNAI - 600 082. PAN : ACQPJ 5627 E ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SHRI AR.V. SREENIVASAN, JCIT )+*, . / / RESPONDENT BY : SHRI K.G. RAGHUNATH, ADVOCATE 0 . 1# / DATE OF HEARING : 08.02.2019 2!' . 1# / DATE OF PRONOUNCEMENT : 27.02.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THE ORDER OF THIS TRIBUNAL WILL HAVE TH E EFFECT OF REDUCING THE TAXABLE INCOME LESS THAN THE INCOME RETURNED BY THE ASSESSEE. 2. SHRI AR.V. SREENIVASAN, THE LD. DEPARTMENTAL REP RESENTATIVE, SUBMITTED THAT THE TAXABLE INCOME CANNOT GO BELOW T HE RETURNED INCOME. IN 2 M.P. NO.203/CHNY/18 THE PRESENT CASE, ACCORDING TO THE LD. D.R., THE EF FECT OF THE ORDER OF THIS TRIBUNAL THE TAXABLE INCOME WILL GO BELOW THE RETUR NED INCOME, THEREFORE, THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL. 3. ON THE CONTRARY, SHRI K.G. RAGHUNATH, THE LD.COU NSEL FOR THE ASSESSEE, SUBMITTED THAT IT IS NOT CORRECT TO SAY T HAT THE TAXABLE INCOME WILL GO BELOW THE RETURNED INCOME WHILE GIVING EFFECT TO THE ORDER OF THIS TRIBUNAL. ACCORDING TO THE LD. COUNSEL, THE ASSESS EE FILED THE RETURN OF INCOME ORIGINALLY ON 02.12.2005. SUBSEQUENT TO THE SEARCH IN THE PREMISES OF ONE SHRI R.N. SHANMUGAM, THE ASSESSEE FILED REVI SED RETURN ON 10.02.2012. ACCORDING TO THE LD. COUNSEL, THE REVI SED RETURN FILED BY THE ASSESSEE ON 10.02.2012 IS BEYOND THE PERIOD OF LIMI TATION PROVIDED UNDER SECTION 139(4) OR 139(5) OF THE INCOME-TAX ACT, 196 1 (IN SHORT 'THE ACT'), THEREFORE, IT CANNOT BE CONSIDERED AS A RETURN AT A LL. THE ASSESSING OFFICER SUBSEQUENTLY ISSUED NOTICE UNDER SECTION 148 OF THE ACT ON 09.03.2012. ACCORDING TO THE LD. COUNSEL, A NOTICE WAS ISSUED U NDER SECTION 142(1) OF THE ACT CALLING UPON THE ASSESSEE TO FILE THE RETUR N OF INCOME IN RESPONSE TO THE NOTICE ISSUED UNDER SECTION 148 OF THE ACT. TH E ASSESSEE IN CATEGORICAL TERMS INFORMED THE ASSESSING OFFICER THAT THE RETUR N FILED ORIGINALLY ON 02.12.2005 MAY BE TAKEN AS RETURN OF INCOME IN RESP ONSE TO THE NOTICE ISSUED UNDER SECTION 148 OF THE ACT. THEREFORE, AC CORDING TO THE LD. COUNSEL, WHAT IS AVAILABLE BEFORE THE ASSESSING OFFICER IS T HE RETURN FILED BY THE ASSESSEE ON 02.12.2005. IF THAT IS TAKEN AS RETURN , ACCORDING TO THE LD. 3 M.P. NO.203/CHNY/18 COUNSEL, THEN THE TAXABLE INCOME CONSEQUENT TO THE ORDER OF THIS TRIBUNAL WILL NOT GO BELOW THE RETURNED INCOME, THEREFORE, T HERE IS NO MERIT IN THE MISCELLANEOUS PETITION FILED BY THE REVENUE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. ADMITTEDLY, THE ASSESSEE FILED THE RETURN OF INCOME ON 02.12.2005 DISCLOSING THE TAXABLE INCOME OF 1,59,060/-. THE ASSESSEE ALSO CLAIMED DEDUCTION O F 4,730/- UNDER CHAPTER VIA OF THE ACT. THIS RETURN WAS PROCESSED UNDER SECTION 143(1) OF THE ACT. CONSEQUENT TO THE SEARCH IN THE PREMISES OF SHRI R.N. SHANMUGAM, THE ASSESSEE ALSO FILED A RETURN ON 10.02.2012. TH E RETURN FILED ON 10.02.2012 HAS NO SIGNIFICANCE IN LAW. IN OTHER WO RDS, THE REVISED RETURN OUGHT TO HAVE FILED WITHIN THE TIME LIMIT PROVIDED UNDER SECTION 139(4) OR 139(5) OF THE ACT. ADMITTEDLY, THE RETURN FILED ON 10.02.2012 IS BEYOND THE TIME LIMIT PROVIDED UNDER SECTION 139(4) OR 139(5) OF THE ACT. THEREFORE, AS RIGHTLY SUBMITTED BY THE LD.COUNSEL FOR THE ASSESSE E, THIS CANNOT BE CONSTRUED AS RETURN AT ALL. AT THE BEST, THE SAME CAN BE TAKEN AS INFORMATION BY THE ASSESSING OFFICER. 5. CONSEQUENT TO THE NOTICE ISSUED UNDER SECTION 14 8 OF THE ACT ON 09.03.2012, THE ASSESSEE REQUESTED THE ASSESSING OF FICER TO TREAT THE RETURN ORIGINALLY FILED ON 02.12.2005 AS RETURN IN RESPONS E TO THE NOTICE UNDER SECTION 148 OF THE ACT. THEREFORE, THE AVAILABLE R ETURN BEFORE THE ASSESSING OFFICER IS THE RETURN ORIGINALLY FILED ON 02.12.200 5. WHAT IS DISCLOSED AS 4 M.P. NO.203/CHNY/18 INCOME IN THE RETURN IS ONLY 1,59,060/-. THEREFOR E, IF WE TAKE THIS RETURN OF INCOME, THEN EVEN IF THE ASSESSING OFFICER GIVES EF FECT TO THE ORDER OF THIS TRIBUNAL, THE TAXABLE INCOME WILL NOT GO BELOW THE RETURNED INCOME. THEREFORE, THIS TRIBUNAL DO NOT FIND ANY MERIT IN T HE PETITION FILED BY THE REVENUE. ACCORDINGLY, THE SAME IS DISMISSED AS DEV OID OF MERIT. 6. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 27 TH FEBRUARY, 2019 AT CHENNAI. SD/- SD/- ( . !' ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) # /ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 3 /DATED, THE 27 TH FEBRUARY, 2019. KRI. . )14% 5%'1 /COPY TO: 1. )*& /PETITIONER 2. )+*, /RESPONDENT 3. 0 61 () /CIT(A) 4. 0 61 /CIT 5. %8 )1 /DR 6. 9& : /GF.