Shri S.A.Bhimaraja, CHENNAI V. JCIT, CHENNAI

MA 45/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6363 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 03-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K E B RENGARAJAN JR
• Assessee Lawyers: S RAJAKUMAR
• Keywords: Unexplained investment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH A, CHENNAI B E F O R E DR. O.K.NARAYANAN, VICE PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER .. M.P. NO.45(MDS)/2011 IN I.T.A.NO.1167(MDS)2010 ASSESSMENT YEAR : 2007-08 SHRI S.A.BHIMARAJA, THE JOINT COMMISSIONER A1, WHISPERING HEIGHTS, VS OF INCOME-TAX, 138, ST.MARYS ROAD, SALARY RANGE VI, ALWARPET, CHENNAI-600018. CHENNAI. PAN-AEFPB5660J. (PETITIONER) (RESPONDENT) PETITIONER BY: SHRI S.RAJAKUMAR RESPONDENT BY: SHRI K.E.B. RENGARAJAN, JR. STANDING COUNSEL. O R D E R PER DR.O.K.NARAYANAN, VICE PRESIDENT THIS MISCELLANEOUS PETITION IS FILED BY THE ASSES SEE PRAYING FOR RECTIFICATION OF THE MISTAKE STATED TO BE CREPT IN THE ORDER PASSED BY THE TRIBUNAL ON 24 TH DECEMBER, 2010 IN THE APPEAL FILED BY M.P. NO. 45(MDS)2011 2 THE ASSESSEE-PETITIONER IN ITA NO.1167(MDS)/2010 RE LEVANT FOR THE ASSESSMENT YEAR 2007-08. 2. THE MISTAKE AS APPARENT FROM RECORDS, POINTED O UT BY THE ASSESSEE-PETITIONER IS THAT THE TRIBUNAL HAS NOT AD JUDICATED GROUND NO.11 RAISED BY THE ASSESSEE IN HIS APPEAL, WHICH R EADS AS UNDER:- 11. THE LEARNED COMMISSIONER OF INCOME- TAX(APPEALS) HAS ERRED IN ADDING A SUM OF R.5 LAKHS, AMOUNT RECEIVED FROM METROPLEX REALTORS AND PROPERTY DEVELOPERS PVT. LTD., AS UNEXPLAINED INVESTMENTS. 3. THE ASSESSING OFFICER HAS HELD THAT DEPOSITS MA DE ON 6- 1-2007 IN THE BANK ACCOUNT OF THE ASSESSEE AMOUNTIN G TO ` 5 LAKHS WERE NOT EXPLAINED BY THE ASSESSEE. ACCORDINGLY T HE SUM WAS ADDED AS UNEXPLAINED INVESTMENT. THE ASSESSEE HAD E XPLAINED BEFORE THE AUTHORITIES BELOW THAT THE SUM OF ` 5 LAKHS WAS ADVANCED BY THE ASSESSEE TO METROPLEX REALTORS AND PROPERTY DEVELOPERS PVT. LTD. BY CHEQUE ON 5-12-2006. AS THE PURCHASE OF T HE PROPERTY DID NOT MATERIALISE, THE SAID SUM OF ` 5 LAKHS WAS RETURNED BY M/S.METROPLEX REALTORS AND PROPERTY DEVELOPERS PVT. LTD. BY CHEQUE. THE ONLY REASON POINTED OUT BY THE ASSESSING AUTHOR ITY TO DISPEL THE EXPLANATION OF THE ASSESSEE WAS THAT PAN AND INCOME -TAX PARTICULARS M.P. NO. 45(MDS)2011 3 OF THE PERSON WERE NOT FURNISHED BEFORE HIM. THIS ISSUE WAS NOT ADJUDICATED BY THE TRIBUNAL IN ITS EARLIER ORDER, A S POINTED OUT BY THE ASSESSEE-PETITIONER. 4. IN THE CIRCUMSTANCES THE ORDER OF THE TRIBUNAL DATED 24 TH DECEMBER, 2010 IN ITA NO.1167(MDS)/2010 IS RECALLED FOR THE LIMITED PURPOSE OF ADJUDICATING GROUND NO.11 RAISED BY THE ASSESSEE IN HIS APPEAL. BUT FOR THIS, THE ORDER OF THE TRIBUNAL OF EVEN DATE REMAINS UNCHANGED. 5. THIS MISCELLANEOUS PETITION FILED BY THE ASSESS EE IS ALLOWED. ORDER PRONOUNCED AT THE TIME OF HE ARING IN THE OPEN COURT ON FRIDAY, THE 13 TH DAY OF MAY, 2011 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR.O.K.NARA YANAN) JUDICIAL MEMBER VICE-PRESIDE NT CHENNAI, DATED THE 13 TH MAY, 2011. V.A.P. COPY TO: (1) PETITIONER (2) RESPONDENT (3) CIT(A) (4) CIT (5) D.R. (6) GUARD FILE