Kanchan Bai, CHENNAI V. ITO NCW 5(1), CHENNAI

MA 219/CHNY/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3548 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 10 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 14-07-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 26-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Capital Gains

Judgement Text

आयकरअपीलीयअिधकरण,‘सी’ यायपीठ,चे ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ी वी दुगा राव, याियक सद य एवं ी जी मंजूनाथा, लेखा सद य के सम BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER Miscellaneous Application No.219/CHNY/2019 [In I.T.A. No.2680/Chny/2018) िनधा रण वष / Assessment Year : 2010 -2011 Smt. Kanchan Bai Chordia, No.18, Ramanuja Street, Sowcarpet, Chennai – 600 079. PAN: AAEPC 5069M Vs. The Income Tax Officer, Non-Corporate Ward – 5(1), Chennai (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओरसे/Appellant by : Shri T. Vasudevan, Advocate यथ क ओरसे/Respondent by : Shri. ARV Sreenivasan, Addl. CIT सुनवाई क तारीख/Date of Hearing : 15.07.2022 घोषणा क तारीख/Date of Pronouncement : 15.07.2022 आदेश आदेशआदेश आदेश /O R D E R PER G. MANJUNATHA, ACCOUNTANT MEMBER: The Assessee has filed the present Miscellaneous Application against the order of the Tribunal in I.T.A. No.2680/Chny/2018, dated 14.08.2019 relevant to the Assessment Year 2010 – 2011. :: 2 :: M.A. No.219/CHNY/2019 2. The Assessee has narrated the facts and mistakes stated to be apparent from the order of the Tribunal dated 14.08.2019 and the relevant contents of the Miscellaneous Application filed by the Assessee are reproduced as under: “The Petitioner most respectfully submits as follows: The revenue filed an appeal before the ITAT and the IT AT passed order inadvertently omitted to consider the relief u/ s 54 on capital gains in relation to investment made by way of purchase of land for the purpose of construction and the decision of the ITAT in the case of Tharabai supports the case of the appellant and the said decision has been accepted. The assessment was made on capital gains i manifest illegality and the same cannot be sustained in law. It is therefore humbly prayed that in the interest of justice, the Hon'ble ITAT may be pleased to decide the case on merits in regard to issue of benefit under section 54 of the Act and thus render Justice. For which act of kindness, the applicant shall be ever grateful.” 3. We have heard both the parties and considered the relevant contents of the Miscellaneous Application filed by the Assessee and we find that the Assessee has failed to make out a case of mistakes apparent on record from the order of the Tribunal in I.T.A. No.2680/Chny/2018 dated 14.08.2019. However, what was sought in the Miscellaneous Application filed by the Assessee is to review the decision rendered by the :: 3 :: M.A. No.219/CHNY/2019 Tribunal in the given facts and circumstances of the case which is not permissible u/s.254(2) of the Income Tax Act, 1961. Thus, the Miscellaneous Application filed by the Assessee is dismissed as is not maintainable. 4. In the result, the Miscellaneous Application filed by the Assessee in M.A. No.219/CHNY/2019 is dismissed. Order pronounced in the court on 15 th July, 2022 at Chennai. Sd/- Sd/- (वी दुगा राव) (V. DURGA RAO) याियक सद य/JUDICIAL MEMBER (जी मंजूनाथा) ( G. MANJUNATHA) लेखा सद य/ACCOUNTANT MEMBER चे ई/Chennai, दनांक/Dated, the 15 th July, 2022 IA, Sr. PS आदेशकी ितिलिपअ ेिषत/Copy to: 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु (अपील)/CIT(A) 4. आयकरआयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF