ITO, CHENNAI V. Shri V.M.S.Kumaraguru, CHENNAI

MA 248/CHNY/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9967 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-03-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 01-03-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 21-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained investment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI [BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER] M.P.NO248/MDS/2012. [IN I.T.A.NO.1178/MDS/2012] ASSESSMENT YEAR : 2007-08 THE ITO SALARY WARD IV(4) CHENNAI VS SHRI V.M.S.KUMARAGURU NO.9 MALVIYA AVENUE SIVAGAMIPURAM THIRUVANMIYUR CHENNAI - 41 [PAN AJJPK 9876 A ] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI SHAJI P. JACOB, ADDL. CIT RESPONDENT BY : NONE DATE OF HEARING : 01-03-2013 DATE OF PRONOUNCEMENT : 01-03-2013 O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THIS IS A MISCELLANEOUS PETITION FILED BY THE REV ENUE AGAINST THE ORDER OF THE TRIBUNAL DATED 31.7.2012 PASSED IN I.T.A.NO. 1178/MD/2012. M.P..NO.248/12 :- 2 -: 2. THE ONLY GRIEVANCE OF THE REVENUE IS THAT THE TRIBU NAL, IN ITS ORDER PASSED ON 31.7.2012 HAS NOT ADJUDICATED UPON GROUND NO.2.2 OF THE APPEAL OF THE REVENUE WHICH READS AS UNDER: 2.2 THE LD. CIT(A) HAS ERRED IN DELETING THE ADDI TION OF ` 20 LAKHS ON INVESTMENTS IN MUTUAL FUND. 3. WHEN THE CASE WAS CALLED FOR HEARING NONE APPEARED ON BEHALF OF THE RESPONDENT- ASSESSEE INSPITE OF NOTIC E OF HEARING SENT ON 25.2.2013. HENCE, THE MISCELLANEOUS PETITION WAS H EARD EX-PARTE QUA THE RESPONDENT-ASSESSEE. 4. AFTER CONSIDERING THE ORDER OF THE TRIBUNAL, WE FIN D THAT THE TRIBUNAL HAS ADJUDICATED UPON ONLY GROUND NO.2.1 RA ISED BY THE REVENUE IN ITS APPEAL WHICH WAS WITH REGARD TO THE ORDER OF THE CIT(A) DELETING ADDITION OF ` 22,63,970/- ON ACCOUNT OF DEPOSITS IN THE BANK ACCOUNT AS UNEXPLAINED INVESTMENT. THE TRIBUN AL DID NOT ADJUDICATE UPON THE OTHER GROUND OF APPEAL RAISED B Y THE REVENUE REGARDING DELETION OF ADDITION OF ` 20 LAKHS ON INVESTMENTS IN MUTUAL FUNDS. THUS, IT IS A MISTAKE APPARENT FROM RECORD AND THEREFORE, WE RECALL THE ORDER OF THE TRIBUNAL DATED 31.7.2012 PASSED IN I.T.A.NO. 1178/MDS/2012 TO ADJUDICATE GROUND NO.2.2 OF THE AP PEAL OF THE REVENUE AS QUOTED ABOVE. M.P..NO.248/12 :- 3 -: 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILE D BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON FRIDAY, THE 1ST OF MARCH, 2013, AT CHENNAI SD/- SD/- (S. S. GODARA) JUDICIAL MEMBER (N.S.SAINI) ACCOUNTANT MEMBER DATED: 01 ST MARCH, 2013 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR