Late Sri M.Subbiah, By Wife and L/H Smt.Thirupurasundari, Coimbatore v. ITO, CHENNAI

CO 32/CHNY/2010 | 2001-2002
Pronouncement Date: 13-12-2010 | Result: Allowed

Appeal Details

RSA Number 3221723 RSA 2010
Assessee PAN AAIPM5380K
Bench Chennai
Appeal Number CO 32/CHNY/2010
Duration Of Justice 6 month(s) 12 day(s)
Appellant Late Sri M.Subbiah, By Wife and L/H Smt.Thirupurasundari, Coimbatore
Respondent ITO, CHENNAI
Appeal Type Cross Objection
Pronouncement Date 13-12-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 13-12-2010
Date Of Final Hearing 13-12-2010
Next Hearing Date 13-12-2010
Assessment Year 2001-2002
Appeal Filed On 31-05-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BENCH B CHENNAI BEFORE SHRI U.B.S. BEDI J.M. & SHRI ABRAHAM P. GEO RGE A.M. I.TA. NOS. 670 671 672AND 673/MDS/2010 ASSESSMENT YEARS: 2000-01 01-02 02-03 AND 03-04 THE INCOME TAX OFFICER BUSINESS WARD V(3) CHENNAI. VS. SMT. LATE M. SUBBAIAH L/H SMT. S. THIRUPURASUNDARI (WIFE) NO. 23/14 MURUGESAN STREET WEST K.K. NAGAR VIRUGAMBAKKAM CHENNAI 34. [PAN:AAIPM5380K] C.O. NOS. 31 32 33 AND 34/MDS/2010 [I.TA. NOS. 670 671 672AND 673/MDS/2010] ASSESSMENT YEARS: 2000-01 01-02 02-03 AND 03-04 SMT. LATE M. SUBBAIAH L/H SMT. S. THIRUPURASUNDARI (WIFE) NO. 23/14 MURUGESAN STREET WEST K.K. NAGAR VIRUGAMBAKKAM CHENNAI 34. VS. THE INCOME TAX OFFICER BUSINESS WARD V(3) CHENNAI. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI P.B. SEKARAN ASSESSEE BY : SHRI K.S. BALAKRISHNAN O R D E R PER BENCH THESE FOUR APPEALS OF THE REVENUE AND EQUAL NUMBER OF COS OF THE ASSESSEE ARE DIRECTED AGAINST THE CONSOLIDATED ORDE R PASSED BY THE LD. CIT(A) VIII CHENNAI DATED 08.02.2010 RELEVANT TO THE ASSE SSMENT YEARS 2000-01 01- 02 02-03 AND 03-04 RESPECTIVELY. 2. THESE APPEALS AND COS WERE HEARD TOGETHER AND I NVOLVE IDENTICAL FACTS AND ALMOST SIMILAR ISSUES AND ARISE OUT OF CONSOLID ATED ORDER THEREFORE BEING DISPOSED OFF BY THIS SINGLE ORDER FOR THE SAKE OF C ONVENIENCE. ITA NO ITA NO ITA NO ITA NOS SS S. .. . 670 670670 670- -- -673 673673 673/MDS/10 & /MDS/10 & /MDS/10 & /MDS/10 & CO NO CO NO CO NO CO NOS SS S. . . . 31 3131 31- -- -34 3434 34/MDS/10 /MDS/10 /MDS/10 /MDS/10 2 3. AT THE VERY OUTSET THE LD. DR SUBMITTED THAT T HE LD. CIT(A) HAS GIVEN RELIEF TO THE ASSESSEE BY OVERLOOKING THE INSPECTORS REPO RT BASED ON WHICH ONLY THE ASSESSMENTS WERE COMPLETED AND THE LD. CIT(A) HAS J UST RELIED UPON THE ASSESSEES SWORN STATEMENT WITHOUT NOTING OR CONSID ERING THAT THE ASSESSEE HAS NOT SUBSTANTIATED HIS DEPOSITION IN THE SWORN STATE MENT RECORDED UNDER SECTION 131 OF THE INCOME TAX ACT 1961 WITH ANY EVIDENCE E ITHER BEFORE THE ASSESSING OFFICER OR BEFORE THE LD. CIT(A) AND THE LD. COUNSE L FOR THE ASSESSEE SUBMITTED THAT THE INSPECTORS REPORT HAS NOT AT ALL BEEN CON FRONTED TO THE ASSESSEE SO IT COULD NOT BE CONSIDERED AND THE LD. CIT(A) HAS JUST IFIABLY GIVEN THE RELIEF WHICH SHOULD BE UPHELD AND FURTHER THE LD. CIT(A) OUGHT T O HAVE APPRECIATED THAT THE INCOME FROM PROPERTIES AT 23/14 MURUGESAN STREET 31/111 VANNIER STREET AND 22/13 MURUGESAN STREET THE QUESTIONS THAT WERE PU T TO THE ASSESSEE AND THE ANSWERS IN THE SWORN STATEMENT DATED 18.11.2005 HAD NO RELEVANCE TO THE PARTICULAR ASSESSMENT YEAR UNDER REFERENCE. SO THE RENTAL INCOME DIRECTED TO BE ADOPTED AT ` .750/- P.M. FROM 4 PROPERTIES ` . 600/-P.M. PER SHOP AND AT ` .500/- P.M. PER PORTION IS EXCESSIVE AND OUGHT TO BE REDUC ED CONSIDERABLY. AT THIS STAGE PROPOSAL TO SET ASIDE THE ORDER OF THE AUTHO RITIES BELOW AND RESTORING THE MATTER BACK ON THE FILE OF THE ASSESSING OFFICER TO MAKE RE-ASSESSMENT WITH REGARD TO INCOME OF THE PROPERTIES WAS MADE BY THE LD. COUNSEL FOR THE ASSESSEE FOR WHICH THE LD. DR DID NOT OBJECT AND BOTH OF THE M JOINTLY PLEADED THAT IN ALL FAIRNESS ORDERS OF AUTHORITIES BELOW SHOULD BE SET ASIDE AND MATTER SHOULD BE REMITTED BACK ON THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO RE-DECIDE THE ISSUE AFRESH. ITA NO ITA NO ITA NO ITA NOS SS S. .. . 670 670670 670- -- -673 673673 673/MDS/10 & /MDS/10 & /MDS/10 & /MDS/10 & CO NO CO NO CO NO CO NOS SS S. . . . 31 3131 31- -- -34 3434 34/MDS/10 /MDS/10 /MDS/10 /MDS/10 3 4. AFTER HEARING BOTH THE SIDES CONSIDERING THE M ATERIAL ON RECORD WE FIND THAT THE DEPARTMENT HAS AGITATED ABOUT NOT CONSIDER ING THE REPORT OF THE INSPECTOR BASED ON WHICH ASSESSMENTS HAVE BEEN FRAM ED AND THE ASSESSEE HAS CHALLENGED THE ORDER OF THE LD. CIT(A) IN NOT PROPE RLY VALUING THE PROPERTIES FOR THE PURPOSES OF DETERMINING INCOME AND AS BOTH THE SIDES HAVE AGREED AND SUBMITTED TO SET ASIDE THE ORDERS OF AUTHORITIES BE LOW AND RESTORING THE MATTER BACK ON THE FILE OF THE ASSESSING OFFICER FOR RECON SIDERATION OF THE ISSUE AFRESH WE FIND IT JUST AND APPROPRIATE TO SET ASIDE THE OR DERS OF AUTHORITIES BELOW AND RESTORE THE MATTER BACK ON THE FILE OF THE ASSESSIN G OFFICER WITH THE DIRECTION TO RE-DECIDE THE ISSUES AGITATED IN APPEALS AND COS A FRESH FOR ALL THE YEARS AFTER GIVING DUE OPPORTUNITY TO THE ASSESSEE. WE HOLD AND DIRECT ACCORDINGLY. 5. AS A RESULT ALL THE APPEALS OF THE REVENUE AND COS OF THE ASSESSEE SHALL BE TREATED TO HAVE BEEN ALLOWED FOR STATISTICAL PUR POSES. ORDER PRONOUNCED SOON AFTER THE CONCLUSION OF HEAR ING ON 13.12.2010. SD/- SD/- (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (U.B.S. BEDI) JUDICIAL MEMBER CHENNAI DATED THE 13.12.2010. VM/- COPY TO : APPELLANT/RESPONDENT/CIT(A)- /CIT /DR