Swaminathan Sridhar , CHENNAI V. DCIT , CHENNAI

MA 283/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5649 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 24-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: N V BALAJI

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI ... , . !'# ! , $ !% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER && / M.P. NO.283/MDS/2017 (IN I.T.A. NO.535/MDS/2016) ' (' / ASSESSMENT YEAR : 2011-12 SHRI SWAMINATHAN SRIDHAR, FF3, SRI SAI HARMONY #63/61, ALAMELUMANGAPURAM, MYLAPORE, CHENNAI - 600 004. PAN : ADWPS 4145 D V. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(2), CHENNAI. (*+' /PETITIONER) (*,+-/ RESPONDENT) *+' / 0 /PETITIONER BY : SHRI N.V. BALAJI, ADVOCATE *,+- / 0 / RESPONDENT BY : SHRI AR.V. SREENIVASAN, JCIT 1 / 2$ / DATE OF HEARING : 12.01.2018 3'( / 2$ / DATE OF PRONOUNCEMENT : 18.01.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT GROUND NOS.12, 13, 14, 15 AND 16 RAISED IN THE GROUNDS OF APPEAL WERE NOT DISPOSED OF. 2. SHRI N.V. BALAJI, THE LD.COUNSEL FOR THE ASSESSE E, SUBMITTED THAT THE ASSESSEE HAS OFFERED THE PROFIT UNDER THE HEAD CAPITAL 2 M.P. NO.283/MDS/17 GAIN. HOWEVER, THE ASSESSING OFFICER HAS TAKEN TH E SAME AS PART OF SALARY. HENCE, ACCORDING TO THE LD. COUNSEL, TH E ENTIRE AMOUNT IS TAKEN AS SALARY. THE AMOUNT OFFERED BY THE ASSESSEE UNDER THE HEAD CAPITAL GAIN HAS TO BE REDUCED. ACCORDING T O THE LD. REPRESENTATIVE, THIS WAS NOT CONSIDERED BY THE TRIB UNAL INADVERTENTLY WHILE DISPOSING OF THE APPEAL. 3. WE HEARD SHRI AR.V. SREENIVASAN, THE LD. DEPARTM ENTAL REPRESENTATIVE. THE LD. D.R. VERY FAIRLY SUBMITTED THAT THE GROUNDS RAISED BY THE ASSESSEE IN GROUND NOS.12 TO 16 WERE NOT DISPOSED OF. THEREFORE, ACCORDING TO THE LD. D.R., THE APPE AL MAY BE REFIXED FOR DISPOSAL OF ABOVE GROUNDS. 4. WE CONSIDERED THE SUBMISSIONS OF BOTH THE LD.COU NSEL FOR THE ASSESSEE AND THE LD. D.R. IT IS NOT IN DISPUTE THAT THE GROUNDS RAISED BY THE ASSESSEE IN GROUND NOS.12, 13, 14, 15 & 16 WERE NOT DISPOSED OF. THE NON-DISPOSAL OF THE GROUNDS RAISE D BY THE ASSESSEE IN THE GROUNDS OF APPEAL IS AN ERROR WITHI N THE MEANING OF SECTION 254(2) OF THE INCOME-TAX ACT, 1961 (IN SHOR T 'THE ACT'). THEREFORE, IT NEEDS TO BE DISPOSED OF. ACCORDINGLY , THE APPEAL IN I.T.A. NO.535/MDS/2016 IS REOPENED ONLY FOR THE PUR POSE OF DISPOSAL OF GROUND NOS.12 TO 16. THE REGISTRY IS D IRECTED TO POST THE APPEAL FOR DISPOSAL OF THOSE GROUNDS ON 1 ST MARCH, 2018. 3 M.P. NO.283/MDS/17 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED COURT ON 18 TH JANUARY, 2018 AT CHENNAI. SD/- SD/- (. !'# ! ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 18 TH JANUARY, 2018. KRI. / *26& 7&(2 /COPY TO: 1. *+' / PETITIONER 2. *,+- /RESPONDENT 3. 1 82 () /CIT(A) 4. 1 82 /CIT 5. &9 *2 /DR 6. :' ; /GF.