Sri.Simon Varghese, Trichur V. The DCIT, Trichur

MA 59/COCH/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2008 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-07-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-07-2014
• Assessment Year: 2010-2011
• Appeal Filed On: 15-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LATHA V KUMAR
• Assessee Lawyers: T M SREEDHARANLD SR COUNSE L

Judgement Text

1 MA NO.59/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) M.A. 59/COCH/2014 (ARISING OUT OF I.T.A NO. 778/COCH/2014) (ASSESSMENT YEAR 2010-11) SHRI SIMON VARGHESE VS DY.CIT, CENBT.CIR. PARAKADATH HOUSE TRICHUR MANGALASSERY, TRICHUR PAN : AFGPV9060G (APPLICANT) (RESPONDENT) APPLICANT BY :SHRI T.M. SREEDHARAN, LD.SR. COUN SEL RESPONDENT BY : SMT. LATHA V KUMAR, JR DR DATE OF HEARING : 18-07-2014 DATE OF PRONOUNCEMENT : 25-07-2014 O R D E R PER N.R.S. GANESAN (JM) THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PETIT ION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNA L. 2. SHRI T.M. SREEDHARAN, THE LD.SENIOR COUNSEL FOR THE ASSESSEE SUBMITTED THAT WITH REGARD TO ADDITION OF RS.20,50, 00, THIS TRIBUNAL FOUND THAT WHEN THE ASSESSEE SPECIFICALLY CLAIMS THAT THE RE WAS AN AGREEMENT AND AMOUNTS RECEIVED BY SHRI T.V. JOHNSON IN PURSUA NCE OF AN AGREEMENT IT IS NOT KNOWN WHY THE SAME SHOULD NOT BE ASSESSED IN THE HANDS OF SHI 2 MA NO.59/COCH/2014 TV JOHNSON. ACCORDING TO THE LD.SENIOR COUNSEL, NO ASSESSMENT WAS MADE IN THE HANDS OF SHI TV JOHNSON. ACCORDING TO THE LD.SENIOR COUNSEL THERE IS A CONFLICT IN THE FINDINGS RECORDED BY THI S TRIBUNAL. THE MONEY WAS RECEIVED BY SHI TV JOHNSON AND NOT BY THE ASSESSEE. THE ENTIRE TRANSACTION WAS BETWEEN SHRI E.P. JOSE AND SHRI TV JOHNSON AND THE SAME WAS KEPT IN THE LOCKER OF SHI TV JOHNSON, THER EFORE, THERE CANNOT BE ANY ADDITION IN THE HANDS OF THE ASSESSEE. WE HEAR D SMT. LATHA V KUMAR, THE LD.DR ALSO. 3. THIS TRIBUNAL ON PAGE 22, AT PARAGRAPH 27 HAS FO UND THAT A SUM OF RS.20,50,000 WAS FOUND AND SEIZED FROM THE LOCKER M AINTAINED BY SHI TV JOHNSON, BROTHER IN LAW OF THE ASSESSEE. ON THE BA SIS OF THE MATERIAL ON RECORD IT WAS FOUND THAT SHI TV JOHNSON RECEIVED TH E MONEY ON BEHALF OF THE ASSESSEE AND THE SAME WAS KEPT IN HIS LOCKER TO BE HANDED OVER TO THE ASSESSEE. IN THOSE CIRCUMSTANCES, THIS TRIBUNAL FO UND THAT THERE CANNOT BE ANY REASON FOR MAKING ADDITION IN THE HANDS OF S HI TV JOHNSON AND IT SHOULD BE ASSESSED ONLY IN THE HANDS OF THE PRESENT ASSESSEE. THE CONTENTION OF THE ASSESSEE NOW BEFORE THIS TRIBUNAL IS THAT THE MONEY CANNOT BE ASSESSED IN THE HANDS OF THE ASSESSEE. T HE APPLICATION IS ADMITTEDLY FILED U/S 254(2) OF THE ACT. SECTION 25 4(2) PROVIDES FOR RECTIFICATION OF ERROR WHICH IS APPARENT ON THE FAC E OF RECORD. THE ASSESSEE CANNOT GO BEYOND THE POWER CONFERRED ON THIS TRIBUN AL FOR RECTIFICATION OF 3 MA NO.59/COCH/2014 THE ERROR. IN OTHER WORDS, REAPPRECIATION OF EVIDE NCE / MATERIAL IS NOT PERMITTED IN A PROCEEDING U/S 254(2) OF THE ACT. T HIS TRIBUNAL AFTER APPRECIATING THE MATERIAL AVAILABLE ON RECORD INCLU DING THE STATEMENT RECORDED FROM THE PARTIES HELD THAT THE SUM OF RS.2 0,50,000 FOUND AND SEIZED FROM THE LOCKER OF SHI TV JOHNSON HAS TO BE ASSESSED IN THE HANDS OF THE PRESENT ASSESSEE. IN VIEW OF THE CATEGORICA L FINDINGS RECORDED BY THIS TRIBUNAL, THERE IS NO ERROR, MUCH LESS, A PRIM A FACIE ERROR IN THE ORDER OF THIS TRIBUNAL. THIS TRIBUNAL FIND NO MERIT IN T HE MISCELLANEOUS PETITION FILED BY THE ASSESSEE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 25 TH JULY, 2014. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 25 TH JULY, 2014 PK/- COPY TO: 1. M/S SIMON VARGHESE, PARAKADATH HOUSE, MANGALASSE RY, TRICHUR 2. DCIT, CENT.CIR.THRISSUR 680 001 3. THE COMMISSIONER OF INCOME-TAX, THRISSUR 4. THE COMMISSIONER OF INCOME-TAX(A)-I, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH