S.Suresh, Salem V. ACIT Central Circle, Salem

MA 290/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7557 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 29-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: G BASKAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI ... , ! ' # $ , & $' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER (( / M.P. NO. 290/CHNY/2019 (IN I.T.A. NO.942/CHNY/2019) ) *) / ASSESSMENT YEAR : 2009-10 SHRI S. SURESH, 7/16, NALLARAYANPATTY, ARIYANOOR, VEERAPANDY, SALEM TK, SALEM 636 308. PAN : AZZPS 9875 M V. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, SALEM 636 308. (,-) /PETITIONER) (,.-// RESPONDENT) ,-) 1 2 /PETITIONER BY : SHRI G. BASKAR, ADVOCATE ,.-/ 1 2 / RESPONDENTS BY : SHRI J. PAVITRAN KUMAR, JCIT 3 1 4& / DATE OF HEARING : 17.01.2020 56* 1 4& / DATE OF PRONOUNCEMENT : 20.01.2020 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER : THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PETI TION SEEKING MODIFICATION OF THE ORDER PASSED BY THIS TR IBUNAL ON 08.11.2019, PRAYING THAT THE GROUND NOS.7 & 8 OF GR OUNDS OF APPEAL RAISED BEFORE THIS TRIBUNAL REMAIN UNADJUDICATED. THE NON- ADJUDICATION OF THESE GROUNDS CONSTITUTE MISTAKE AP PARENT FROM 2 M.P. NO.290/CHNY/19 RECORD. THEREFORE, IT IS PRAYED THAT THE APPEAL BE RECALLED FOR LIMITED PURPOSE OF ADJUDICATING THE GROUND NOS.7 & 8. IT I S FURTHER PRAYED THAT THERE WAS NO MATERIAL AVAILABLE ON RECORD IN S UPPORT OF THE CONCLUSION DRAWN BY THE TRIBUNAL. 2. ON THE OTHER HAND, THE LD. D.R. SUBMITTED THAT T HE MP CANNOT BE ALLOWED AS IT AMOUNTS TO RE-ARGUING OF EN TIRE MATTER. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE M ATERIAL AVAILABLE ON RECORD. THE GROUND NOS.7 AND 8 IN THE GROUNDS OF APPEAL FILED BY THE ASSESSEE BEFORE THIS TRIBUNAL H AD BEEN DEALT BY THIS TRIBUNAL BY MAKING OBSERVATION THAT DE HORS THE STATEMENT GIVEN UNDER SECTION 132(4) OF THE INCOME-TAX ACT, 1 961 (IN SHORT 'THE ACT') THE EVIDENCE AS READ CLEARLY ESTABLISHES THE PAYMENT OF ON-MONEY CONSIDERATION AT THE TIME OF PURCHASE OF T HE PROPERTY. THIS OBSERVATION BY THE TRIBUNAL CLEARLY ESTABLISHE S THAT THE TRIBUNAL HAD CONSIDERED THE GROUND NOS. 7 & 8 AND THE FINDIN G OF THE TRIBUNAL IS BASED ON THE SEIZED MATERIAL. FURTHER THE ARGUMENT THAT THERE IS NO MATERIAL IN SUPPORT OF CONCLUSION DRAWN BY THE TRIBUNAL REGARDING THE PAYMENT OF ON-MONEY CONSIDERATION ONL Y AMOUNTS TO RE-APPRECIATION OF MATERIAL AVAILABLE ON RECORD WHI CH IS NOT PERMISSIBLE IN THE PROCEEDING UNDER SECTION 254 OF THE ACT. IN THESE CIRCUMSTANCES, WE DO NOT FIND ANY MERIT IN TH E PRESENT 3 M.P. NO.290/CHNY/19 MISCELLANEOUS PETITION FILED BY THE ASSESSEE. ACCO RDINGLY, THE MISCELLANEOUS PETITION STANDS DISMISSED. 4. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 20 TH JANUARY, 2020AT CHENNAI. SD/- SD/- ( ... ) (! ' # $ ) (N.R.S. GANESAN) (INTURI RAMA RAO) /JUDICIAL MEMBER & / ACCOUNTANT MEMBER /CHENNAI, 8 /DATED, THE 20 TH JANUARY, 2020. KRI. 1 ,49( :(*4 /COPY TO: 1. ,-) / PETITIONER 2. ,.-/ /RESPONDENT 3. 3 ;4 () /CIT(A) 4. 3 ;4 /CIT 5. (< ,4 /DR 6. =) > /GF.