ITO, CHENNAI V. Kushalraj, CHENNAI

MA 337/CHNY/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6556 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-05-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 13-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SAHADEVAN
• Assessee Lawyers: N VIJAY KUMAR
• Keywords: Unexplained investment
• Section: 69

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. NOS.336 & 337/CHNY/2017 (IN I.T.A. NOS.2609 & 2610/MDS/2016) ' (' / ASSESSMENT YEARS : 2011-12 & 2012-13 THE ASSISTANT COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE 5, CHENNAI. V. SHRI KUSHALRAJ, NO.418, 5 TH FLOOR, MINT STREET, SOWCARPET, CHENNAI - 600 079. PAN : AIXPK 0721 B (*+' /PETITIONER) (*,+-/ RESPONDENT) *+' / 0 /PETITIONER BY : SHRI B. SAHADEVAN, JCIT *,+- / 0 / RESPONDENT BY : SHRI N. VIJAY KUMAR, CA 1 / 2$ / DATE OF HEARING : 11.05.2018 3'( / 2$ / DATE OF PRONOUNCEMENT : 17.05.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS P ETITIONS ON THE GROUND THAT THE GROUND RELATING TO ADVANCE S AID TO BE GIVEN BY THE ASSESSEE TO THE EXTENT OF 45 LAKHS TO M/S JAIN GRANITES PROJECTS INDIA LTD. WAS NOT DISPOSED OF. 2 M.P. NOS.336 & 337/CHNY/17 2. SHRI B. SAHADEVAN, THE LD. DEPARTMENTAL REPRESEN TATIVE, SUBMITTED THAT THE ASSESSEE RAISED THIS ISSUE AS GR OUND NOS.3 AND 5. THE SPECIFIC GROUND RAISED BY THE ASSESSEE WAS NOT DISPOSED OF. THEREFORE, THE SAME NEEDS TO BE DISPOSED OF. 3. WE HEARD SHRI N. VIJAY KUMAR, THE LD. REPRESENTA TIVE FOR THE ASSESSEE ALSO. THE LD. REPRESENTATIVE VERY FAIRLY SUBMITTED THAT THE GROUNDS RELATING TO ADVANCE SAID TO BE GIVEN BY THE ASSESSEE TO M/S JAIN GRANITES PROJECTS INDIA LTD. AS UNEXPLAINED CR EDIT UNDER SECTION 69 OF THE INCOME-TAX ACT, 1961 (IN SHORT 'T HE ACT') WAS NOT DISPOSED OF. THEREFORE, IT NEEDS TO BE DISPOSED OF . 4. WE HAVE CONSIDERED THE SUBMISSIONS ON EITHER SID E AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE ASSESSEE HAS RAISED SPECIFIC GROUND IN GROUND NOS.3 AND 5. IN THE GROUND NO.3 THE ASSESSEE HAS RAISED A SPECIFIC GROUND WITH REGARD TO UNEXPLAINED INVESTMENT OF 45 LAKHS, THE ASSESSEE ALSO RAISED A SPECIFIC GROUND IN GROUND NO.5 WITH REGARD TO ADVAN CE SAID TO BE GIVEN TO M/S JAIN GRANITES PROJECTS INDIA LTD. TO T HE EXTENT OF 45 LAKHS. THESE TWO GROUNDS WERE NOT DISPOSED OF. TH E NON-DISPOSAL OF GROUNDS IS AN ERROR UNDER SECTION 254(2) OF THE ACT, WHICH NEEDS TO BE DISPOSED OF. THEREFORE, THE APPEALS OF THE A SSESSEE IN I.T.A. NOS.2609 & 2610/MDS/2016 ARE HEREBY REOPENED ONLY F OR THE 3 M.P. NOS.336 & 337/CHNY/17 PURPOSE OF DISPOSING OF THE GROUNDS RELATING TO ADV ANCE SAID TO BE GIVEN BY THE ASSESSEE TO M/S JAIN GRANITES PROJECTS INDIA LTD. AND UNEXPLAINED INVESTMENT OF 45 LAKHS. THE REGISTRY IS DIRECTED TO POST THE APPEALS ON 10.07.2018. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE PRESENCE OF BOTH THE PARTIES, IT M AY NOT BE NECESSARY FOR THE REGISTRY TO ISSUE A SEPARATE NOTI CE OF HEARING. IN OTHER WORDS, A COPY OF THIS ORDER SHALL BE TREATED AS NOTICE FOR HEARING ON 10.07.2018. 5. IT IS MADE CLEAR THAT OTHER PART OF THE ORDER SH ALL STAND AS SUCH. 6. WITH THE ABOVE OBSERVATION, BOTH THE MISCELLANEO US PETITIONS FILED BY THE REVENUE STAND ALLOWED. ORDER PRONOUNCED COURT ON 17 TH MAY, 2018 AT CHENNAI. SD/- SD/- (. !'# ! ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 17 TH MAY, 2018. KRI. 4 M.P. NOS.336 & 337/CHNY/17 / *26& 7&(2 /COPY TO: 1. *+' / PETITIONER 2. *,+- /RESPONDENT 3. 1 82 () /CIT(A) 4. 1 82 /CIT 5. &9 *2 /DR 6. :' ; /GF.