V.V.Balachandran, Coimbatore V. ITO, CHENNAI

MA 338/CHNY/2016

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5657 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 3 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 03-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GOPI KRISHNA
• Assessee Lawyers: A G MADHAVAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI ... , . !' , # $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER %% / M.P. NO.338/MDS/2016 (IN I.T.A. NO.317/MDS/2012) & '& / ASSESSMENT YEAR : 2007-08 SHRI V.V. BALACHANDRAN, 45-50, 2/4, SARADA KRIPA APARTMENTS, RAJU NAIDU ROAD, SIVANANDA COLONY, COIMBATORE 641 012. PAN : AFLPB 6604 H V. THE INCOME TAX OFFICER, SALARY WARD I(2), COIMBATORE. ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SHRI A.G. MADHAVAN, CA )+*, . / / RESPONDENT BY : SHRI GOPIKRISHNA, JCIT 0 . 1# / DATE OF HEARING : 05.01.2018 2!' . 1# / DATE OF PRONOUNCEMENT : 12.01.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER O F THIS TRIBUNAL. 2. SHRI A.G. MADHAVAN, THE LD. REPRESENTATIVE FOR T HE ASSESSEE, SUBMITTED THAT THE ASSESSEE INADVERTENTLY OMITTED TO RAISE A PLEA OF EXEMPTION OF CAPITAL GAIN BOTH IN T HE ORIGINAL APPEAL 2 M.P. NO.338/MDS/16 AND THE MISCELLANEOUS PETITION. THIS IS ONLY AN OM ISSION, THEREFORE, ACCORDING TO THE LD. REPRESENTATIVE, THIS NEEDS TO BE RECONSIDERED BY THIS TRIBUNAL. THE LD. REPRESENTATIVE FURTHER S UBMITTED THAT THE ASSESSEE CONSTRUCTED THE PROPERTY WITHIN THREE YEAR S FROM THE DATE OF THE SALE OF THE ORIGINAL PROPERTY. THEREFORE, T HE ASSESSEE IS ELIGIBLE FOR EXEMPTION FROM CAPITAL GAIN. ON A QUE RY FROM THE BENCH, THE LD. REPRESENTATIVE CLARIFIED THAT THIS CLAIM OF THE ASSESSEE WAS NOT RAISED IN THE GROUNDS OF APPEAL OR IN THE FIRST MISCELLANEOUS PETITION. 3. WE HEARD SHRI GOPIKRISHNA, THE LD. DEPARTMENTAL REPRESENTATIVE ALSO. ADMITTEDLY, THIS IS THE SECON D MISCELLANEOUS PETITION FILED BY THE ASSESSEE. IN THE FIRST MISCE LLANEOUS PETITION AS WELL AS IN THE APPEAL, THE EXEMPTION OF 19,90,000/- WAS NOT RAISED. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT A N EW GROUND CANNOT BE RAISED IN THE MISCELLANEOUS PETITION. SECTION 2 54(2) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT') ENABLES T HIS TRIBUNAL TO RECTIFY AN ERROR WHICH IS PRIMA FACIE ON RECORD. THIS DOES NOT MEAN THAT THE ASSESSEE CAN RAISE NEW GROUNDS BEFORE THIS TRIBUNAL. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT IN THE G UISE OF RECTIFICATION OF ERROR UNDER SECTION 254(2) OF THE ACT, THIS TRIB UNAL CANNOT 3 M.P. NO.338/MDS/16 ENTERTAIN ANY NEW CLAIM WHICH WAS NOT RAISED IN THE ORIGINAL APPEAL. THEREFORE, THIS MISCELLANEOUS PETITION IS NOT MAINT AINABLE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED COURT ON 12 TH JANUARY, 2018 AT CHENNAI. SD/- SD/- (. !' ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 12 TH JANUARY, 2018. KRI. . )15% 6%'1 /COPY TO: 1. )*& / PETITIONER 2. )+*, /RESPONDENT 3. 0 71 () /CIT(A) 4. 0 71 /CIT 5. %8 )1 /DR 6. 9& : /GF.