Dr P.R.Vaidhyanathan, Palakkad V. DCIT, Palakkad

MA 37/COCH/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4918 (ITAT-COCHIN)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2010
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 03-09-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 06-05-2010
• Court: TRIBUNAL
• Department Lawyers: DR BABU JOSEPH
• Assessee Lawyers: KV VASUDEVANCA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.VIJAYAKUMARAN & SHRI SANJAY ARORA M.P.NO.37/COCH/2010 (ARISING OUT OF I.T.A.NO.972/COCH/2007) ASSESSMENT YEAR:2003-04 DR. P.R. VAIDYANATHAN , PALAKKAD. PA NO.ABPPV 6227Q VS. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1, PALAKKAD. ( PETITIONER ) ( RESPONDENT ) PETITIONER BY SHRI KV VASUDEVAN,CA RESPONDENT BY DR. BABU JOSEPH, SR.DR O R D E R PER N.VIJAYAKUMARAN,J.M: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESS EE, VIZ. DR. P.R. VAIDYANATHAN, PALAKKAD, AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO.972/COCH/2007 DATED 13-02-2009. THE ASSESSMENT YEAR INVOLVED IS 2003-04. 2. THE LD. COUNSEL FOR THE ASSESSEE WOULD SUBMIT TH AT AGAINST THE IMPUGNED ORDER OF THE TRIBUNAL, THE PETITIONER PREFERRED AN APPEAL BEFORE THE HONBLE HIGH COURT AND THEIR LOR DSHIPS VIDE ITS ORDER DATED 28-01-2010 DIRECTED THE COUNSEL FOR THE APPELLANT TO INFORM THE REPRESENTATIVE, WHO ARGUED BEFORE THE TR IBUNAL, TO FILE A DETAILED AFFIDAVIT BEFORE THE TRIBUNAL AS TO WHETHER HE MP NO. 37/COCH/2010 DR PR VAIDYANATHAN, PALAKKAD. 2 ARGUED THE ISSUE OR NOT AND IF AN AFFIDAVIT IS FILE D CONTROVERTING TRIBUNALS OBSERVATION ALONGWITH A COPY OF THIS JUD GMENT, THE TRIBUNAL WILL RE-HEAR THE MATTER AND DECIDE THE ISS UE AFRESH, AFTER HEARING BOTH SIDES. THE HONBLE HIGH COURT HAS FUR THER OBSERVED THAT A SUPPLEMENTARY OR MODIFIED ORDER WILL BE ISS UED BY THE TRIBUNAL, IF AN AFFIDAVIT IS FILED ALONG WITH A COP Y OF THIS JUDGMENT, AS STATED ABOVE. AS DIRECTED BY THE H ONBLE HIGH COURT, AN AFFIDAVIT OF THE LD. CHARTERED ACCOUNTANT K.V. VASUDEVAN DATED 03-05-2010 DULY NOTARIZED WAS FILE D, IN WHICH THEE LD. C.A. WHO THEN APPEARED FOR THE ASSESSEE AS AUTHORIZED REPRESENTATIVE BEFORE THE TRIBUNAL AFFIRMED THAT AT THE TIME OF HEARING, THE ARGUMENT NOTE WAS ALSO FILED AS A SUBM ISSION. THE LD. C.A. FURTHER AFFIRMS THAT HE HAD NOT GIVEN UP T HE GROUND RELATING TO THE ADDITION OF RS. 5 LAKHS. 3. WE HAVE HEARD BOTH SIDES AND PERUSED THE MATERIA LS AVAILABLE ON RECORD. WE FIND THAT IN THE IMPUGNED ORDER THE TRIBUNAL HAS STATED THAT THE ASSESSEE HAS RAISED TH E ISSUE OF ADDITION OF RS. 5 LAKHS MADE BY THE ASSESSING OFFIC ER IN HIS GROUNDS OF APPEAL. BUT THE ASSESSEE HAS NOT ADDRE SSED THIS ISSUE DURING THE COURSE OF HEARING, SO THE SAME IS DISMISSED. IN THE WRITTEN SUBMISSION FILED BEFORE THE TRIBUNAL (C OPY IS ALSO PLACED ON RECORD), IN PARA.2(A) AT PAGE 3 THE ASSES SEE HAS OBJECTED THE ASSESSING OFFICERS ESTIMATE OF INCOME FROM PRIVATE PRACTICE AT RS. 5 LAKHS. THEREFORE, AS DIRECTED B Y THE HONBLE MP NO. 37/COCH/2010 DR PR VAIDYANATHAN, PALAKKAD. 3 HIGH COURT, WE POST THIS APPEAL ON 16-11-2010 TO HEAR AND DECIDE THE ISSUE OF ADDITION OF RS.5 LAKHS WHICH WA S URGED BY THE ASSESSEE. TO THIS LIMITED PURPOSE, THE IMPUGNED O RDER OF THE TRIBUNAL DATED 13-02-2009 IS RE-CALLED. BOTH THE PARTIES SHALL TAKE NOTE OF THE HEARING DATE, AS NO SEPARATE NOTIC E FOR HEARING WILL BE ISSUED BY THE REGISTRY. 4. THE MISCELLANEOUS PETITION OF THE ASSESSEE IS DI SPOSED OFF AS INDICATED ABOVE. SD/- SD/- (SANJAY ARORA) (N.VIJAY KUMARAN) ACCOUNTANT MEMBER JUDICIAL M EMBER ERNAKULAM, DATED THE 09 TH SEPTEMBER,2010. PM. COPY FORWARDED TO: 1. DR. P.R. VAIDYANATHAN, SRINILAYAM, VETTEKKARANKAVU, PALAKKAD. 2. THE DY. CIT., CIRCLE-1, PALAKKAD. 3. CIT(A)-V, KOCHI. 4. CIT, THRISSUR. 5. D.R.