ACIT, CHENNAI V. Lalith Kumar Surajchand Mehta, CHENNAI

MA 221/CHNY/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1812 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-04-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 31-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S DASGUPTA
• Assessee Lawyers: REMA SMRITHI
• Keywords: Capital asset
• Section: 2(14)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI . , ! '# $ , % & BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER M.P.NO.221 /MDS/2013 (IN ITA NO.1975/MDS/2010) (ASSESSMENT YEAR: 2007-08) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-VIII CHENNAI-6. VS MR. LALITH KUMAR SURAJCHAND MEHTA, 82, GOVINDAPPAN NAICKKEN STREET,CHENNAI-600 001. PAN : AAUPS6310B ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. S.DAS GUPTA, JCIT RESPONDENT BY : MS. REMA SMRITHI, ADVOCATE / DATE OF HEARING : 28 TH MARCH, 2014 / DATE OF PRONOUNCEMENT : 10 TH APRIL, 2014 ' / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THE REVENUE FILED THIS MISCELLANEOUS PETITION STAT ING THAT THE DECISION OF THE COMMISSIONER OF INCOME TAX (APPEALS) IS NOT ACCEPTABLE TO THE REVENUE FOR VARI OUS REASONS AS SET OUT IN THE PETITION AND THEREFORE, R EVENUE PRAYS THE TRIBUNAL TO PASS ORDERS BY RESTORING THE APPEAL AND DISPOSE OFF THE APPEAL ON MERITS. 2. DEPARTMENTAL REPRESENTATIVE COULD NOT POINT OUT ANY MISTAKE APPARENT ON RECORD IN THE ORDER PASSED BY T HE M.P.NO.221 /MDS/2013 2 TRIBUNAL UPHOLDING THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) IN HOLDING THAT LANDS SOLD BY THE ASS ESSEE ARE BEYOND EIGHT KILOMETERS OF MUNICIPAL LIMIT OF CHENN AI CORPORATION AND THEREFORE, NOT A CAPITAL ASSET FAL LING UNDER THE PROVISIONS OF SECTION 2(14) OF THE ACT. BY THIS MISCELLANEOUS PETITION REVENUE IS SEEKING REVIEW OF THE ORDER OF THIS TRIBUNAL BY RECALLING ITS ORDER AND D ECIDING THE APPEAL AGAIN ON MERITS WHICH IS NOT PERMISSIBLE IN LAW. IN SUCH CIRCUMSTANCES, WE DISMISS THE MISCELLANEOUS PE TITION FILED BY THE REVENUE. 3. IN THE RESULT, MISCELLANEOUS PETITION OF THE REV ENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY T HE 10 TH DAY OF APRIL, 2014 AT CHENNAI. SD/- SD/- ( A.MOHAN ALANKAMONY ) ( CHALLA NAGEND RA PRASAD ) . ( ! '#$% & ' ) ACCOUNTANT MEMBER / # '() JUDICIAL MEMBER/ $) *) '() #$ /CHENNAI, +' /DATED, 10 TH APRIL, 2014 SOMU ,'#- &*./0 1#/ /COPY TO: 1. APPLICANT 2. &2)34 /RESPONDENT 3. ,) ,) 5 (0) /CIT(A) 4. ,) ,) 5 /CIT 5. / 8 ') &** 9: /DR 6. ' ;< = /GF.