Ind Mark Properties P Ltd., CHENNAI V. ACIT, CHENNAI

MA 84/CHNY/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3382 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 2 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-08-2015
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 19-06-2015
• Assessment Year: 2001-2002
• Appeal Filed On: 15-05-2014
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER & SHRI V. DURGA RAO, JUD ICIAL MEMBER M.P. NO. 84/MDS/2014 [IN I.T.A.NO. 5 83 /MDS/201 3 ] ASSESSMENT YEAR : 200 1 - 02 M/S. IND MARK PROPERTIES (P) LTD., NO.36, AMBATTUR INDUSTRIAL ESTATE, AMBATTUR, CHENNAI 600 058. [PAN : A A A CI9531K ] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX , COMPANY CIRCLE II(3) , CHENNAI 34. ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI S. SRIDHAR , ADVOCATE / RESPONDENT BY : SHRI A.V. SR EE KANTH , J CIT / DATE OF HEARING : 1 9 . 0 6 .201 5 / DATE OF P RONOUNCEMENT : 12 . 0 8 .201 5 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : BY MEANS OF THIS MISCELLANEOUS PETITION, THE ASSESSEE SEEKS TO GET MODIFIED THE ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO.5 8 3/MDS/201 3 DATED 28 .0 3.2014 RELEVANT TO THE ASSESSMENT YEAR 200 1 - 0 2 . THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE FINDINGS OF THE TRIBUNAL WITH REGARD TO PAYMENT OF COMMISSION OF .25 LAKHS IS NOT CORRECT AND SUBMITTED THAT THE ORDER OF THE TRIBUNAL HAS TO BE MODIFIED. M.P. NO. 84 /M/ 14 2 2 . ON TH E OTHER HAND, THE LD. DR HAS STRONGLY OBJECTED TO THE SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE. 3 . WE HAVE HEARD BOTH SIDES, PERUSED THE MATERIALS ON RECORD AND GONE THROUGH THE ORDER OF THE TRIBUNAL . THE TRIBUNAL, AFTER CONSIDERING ALL THE FACTS AND CIRCUMSTANCES OF THE CASE, IT HAS OBSERVED THAT THE ASSESSEE HAS FAILED TO DISCHARGE ITS BURDEN CAST UPON IT WITH REGARD TO PAYMENT OF COMMISSION AS A GENUINE PAYMENT. THEREFORE, THE ORDER PASSED BY THE LD. CIT(A) WAS CONFIRMED AND THE APPEAL FILED BY THE ASSESSEE WAS DISMISSED. FURTHER, THE ASSESSEE HAS NOT POINTED OUT ANY APPARENT MISTAKE IN THE ORDER PASSED BY THE TRIBUNAL. ACCORDINGLY, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE STANDS DISMISSED. 4 . IN THE RESULT, THE M.P. FILED BY THE ASSES SEE IS DISMISSED. ORDER PRONOUNCED ON WEDNESDAY, THE 12 TH OF AUGUST, 2015 AT CHENNAI. SD/ - SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER ( V. DURGA RAO ) JUDICIAL MEMBER CHENNAI, DATED, THE 12 . 0 8 .201 5 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.