ITO, CHENNAI V. N.D.Georgeo Polous, CHENNAI

MA 234/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7261 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 23-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDARARAJAN
• Assessee Lawyers: G SITHARAMAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NO.234/ CHNY/2019 [ IN I.T.A. NO. 886/CHNY/2016] ( [ [ / ASSESSMENT YEAR : 2011-12) THE INCOME TAX OFFICER, NON-CORPORATE WARD 3(4), CHENNAI. V. SHRI N.D. GEORGEO POLOUS, NO.69, SPUR TANK ROAD, CHETPET, CHENNAI 600 031. PAN: AAAFG3148B ( / APPLICANT) ( /RESPONDENT) / APPLICANT BY : SHRI A. SUNDARARAJAN, ADDL.CIT /RESPONDENT BY : SHRI G.SITHARAMAN, CA /DATE OF HEARING : 31.01.2020 /DATE OF PRONOUNCEMENT : 31.01.2020 / 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 FINDING RECORDED BY THIS TRIBUNAL IN ITA NO.886/CHNY/2016 DATED 31.05.2019 IS NOT CORRECT. 2 MA NO.234/CHNY/2019 2. SHRI A. SUNDARARAJAN, THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THIS TRIBUNAL AT PAGE NO.4 OF ITS ORDER FOUND THAT THE CAPITAL GAIN IF ANY HAS TO BE ASSESSED ONLY IN THE ASSESSMENT YEAR 2008-09 AND NOT FOR THE ASSESSMENT YEAR 2011-12. THE DEPARTMENT HAS FILED THE MISCELLANEOUS PETITION ON THE IMPRESSION THAT WHAT WAS REGISTERED IN THE ASSESSMENT YEAR 2008-09 IS ONLY A POWER OF ATTORNEY AND NOT THE LEASE DEED. AFTER GOING THROUGH THE POWER OF ATTORNEY, IT WAS FOUND THAT LEASE DEED WAS EXECUTED IN THE ASSESSMENT YEAR 2008-09. HOWEVER, IT WAS REGISTERED DURING THE ASSESSMENT YEAR 2011-12. 3. WE HEARD SHRI G. SITHARAMAN, THE LD. REPRESENTATIVE FOR THE ASSESSEE ALSO. AFTER GOING THROUGH THE ORDER OF THIS TRIBUNAL DATED 31.05.2019 AND THE MATERIAL AVAILABLE ON RECORD, IT IS OBVIOUS THAT THE LEASE DEED WAS EXECUTED DURING THE ASSESSMENT YEAR 2008-09. IN FACT, THE LEASE DEED WAS EXECUTED ON 28.12.2007 WHICH FALLS IN THE ASSESSMENT YEAR 2008-09. HOWEVER, THERE WAS SOME DELAY IN THE REGISTRATION AND THE REGISTRATION OF THE DOCUMENT WAS COMPLETED DURING THE ASSESSMENT YEAR 2011-12. IT IS WELL SETTLED PRINCIPLES OF LAW THAT ONCE THE DOCUMENT WAS REGISTERED IT WOULD RELATE BACK TO THE DATE OF EXECUTION OF DOCUMENT. THEREFORE, THIS TRIBUNAL DO NOT 3 MA NO.234/CHNY/2019 FIND ANY ERROR MUCH LESS PRIMA FACIE ERROR IN THE ORDER OF THIS TRIBUNAL DATED 31.05.2019. THEREFORE, THIS TRIBUNAL FINDS NO MERIT IN THE MISCELLANEOUS PETITION FILED BY THE REVENUE. ACCORDINGLY THE SAME IS DISMISSED AS DEVOID OF MERIT. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 31 ST JANUARY, 2020 AT CHENNAI. SD/- SD/- ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, /DATED, THE 31 ST JANUARY, 2020. RSR . /COPY TO: 1. / APPLICANT 2. / RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF.