P.Karvannan, Sivakasi V. DCIT, Madurai

MA 26/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3176 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 26-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 26-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: V RAJASEKARAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , ! # % & , ' ! ( BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER MISCELLANEOUS PETITIO N NO.26/ MDS/2015 (IN ITA.NO.2010/MDS/2013 ) (ASSESSMENT YEAR: 2009-10) MR. P.KARVANNAN 74A, VELAYUTHAM ROAD, SIVAKASI-626 123. VS. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-III, MADURAI PAN: ABDPK0797N ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. V.RAJASEKARAN, C.A. RESPONDENT BY : MR. A.V.SREEKANTH, JCIT / DATE OF HEARING : 26 TH JUNE, 2015 / DATE OF PRONOUNCEMENT : 8 TH JULY, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSE E STATING THAT THERE IS A FACTUAL AND TYPOGRAPHICAL E RROR IN THE ORDER PASSED BY THIS TRIBUNAL IN PARA 16 OF THE OR DER DATED 27 TH FEBRUARY, 2014, WHEREIN THE TRIBUNAL HELD AS UNDER :- THE ASSESSEE REITERATED THE SUBMISSIONS MADE BEFO RE THE LOWER AUTHORITIES AND SUBMITS THAT ` 9.50 LAKHS HAS BEEN DEBITED IN HIS PERSONAL ACCOUNTS OF THE ASSESS EE AND HENCE INVESTMENT SHOULD BE TREATED AS PROPERLY ACCOUNTED AND THERE IS NO NEED FOR ANY ADDITION. M.P.NO.26/MDS/2015 2 2. REFERRING TO THE ABOVE OBSERVATIONS OF THE TRIBU NAL, THE AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE SUBMITS THAT THE ` 9.50 LAKHS HAS BEEN DEBITED IN THE NAME OF M.PURUSOTHAMAN AND MR. THANGAVEL IN THE ASSESSEES GROUP CONCERN NAMELY M/S. SQNY GRANITES FOR PURCHASE OF L AND AT JAVANI KUPPE. THEREFORE, THERE IS A FACTUAL ERROR IN THE IMPUGNED ORDER IN OBSERVING THAT ` 9.50 LAKHS HAS BEEN DEBITED IN ASSESSEES PERSONAL ACCOUNT, WHICH NEEDS TO BE RECTIFIED. 3. DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJEC TION FOR RECTIFYING THE FACTUAL ERROR. 4. HEARD BOTH SIDES. PERUSED THE ORDER OF THIS TRIB UNAL DATED 27.02.2014. THE TRIBUNAL IN THE END OF PARA 16 AT PAGE 16 OF THE ORDER DATED 27.02.2014 OBSERVED AS UNDER :- THE ASSESSEE REITERATED THE SUBMISSIONS MADE BEFORE THE LOWER AUTHORITIES AND SUBMITS THAT ` 9.50 LAKHS HAS BEEN DEBITED IN HIS PERSONAL ACCOUNTS OF THE ASSESSEE AND HENCE INVESTMENT SHOULD BE TREATED AS PROPERLY ACCOUNTED AND THERE IS NO NEED FOR ANY ADDITION. M.P.NO.26/MDS/2015 3 5. CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES AND ON GOING THROUGH THE ORDER OF THIS TRIBUNAL, WE NOTICE THAT THERE IS A MISTAKE APPARENT ON RECORD IN THE ABOVE SAID PORTION OF THE ORDER DATED 27.02.2014, WHICH SHOULD BE MODIFI ED AND SHALL BE READ AS UNDER :- THE ASSESSEE REITERATED THE SUBMISSIONS MADE BEFORE THE LOWER AUTHORITIES AND SUBMITS THAT ` 9.50 LAKHS HAS BEEN DEBITED IN THE NAME OF MR. M.PURUSOTHAMAN AND MR. THANGAVEL IN THE ASSESSEES GROUP CONCERN M/S. SQNY GRANITES AND HENCE INVESTMENT SHOULD BE TREATED AS PROPERLY ACCOUNTED AND THERE IS NO NEED FOR ANY ADDITION. 6. THE MISCELLANEOUS PETITION OF THE ASSESSEE IS AL LOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JULY, 2015.. SD/- SD/- ( . ) ( # &' ( ) ( A.MOHAN ALANKAMONY ) ( CHALLA NAGEN DRA PRASAD ) * / ACCOUNTANT MEMBER &, * / JUDICIAL MEMBER & /CHENNAI, . /DATED, 8 TH JULY, 2015 SOMU (,12 42 /COPY TO: 1. APPLICANT 2. (57 /RESPONDENT 3. 8 () /CIT(A) 4. 8 /CIT 5. 2 (,,; /DR 6. > /GF .