ITO, Kannur v. Smt C.K.Ashalatha L/hr of late K.P.Divakaran, Kannur

MA 154/COCH/2009 | 2003-2004
Pronouncement Date: 17-02-2012 | Result: Dismissed

Appeal Details

RSA Number 15421924 RSA 2009
Bench Cochin
Appeal Number MA 154/COCH/2009
Duration Of Justice 2 year(s) 4 month(s) 5 day(s)
Appellant ITO, Kannur
Respondent Smt C.K.Ashalatha L/hr of late K.P.Divakaran, Kannur
Appeal Type Miscellaneous Application
Pronouncement Date 17-02-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 17-02-2012
Date Of Final Hearing 10-02-2012
Next Hearing Date 10-02-2012
Assessment Year 2003-2004
Appeal Filed On 12-10-2009
Judgment Text
1 MA NO.151 TO 154/COCH/2009 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKARA N(AM) M.A. NO.151 TO 154/COCH/2009 (ARISING OUT OF ITA NOS 830 TO 833/COCH/2007) (ASSESSMENT YEARS 2000-01 TO 2003-04) ITO WD.2(1) VS SMT. C.K. ASHALATA KANNUR L/H OF LATE K.P. DIVAKARAN SUSHEELA VILLA NO.3 MILL ROAD KANNUR-2 PAN : NOT AVAILABLE (APPLICANT) (RESPONDENT) APPLICANT BY : SMT. VIJAYAPRABHA RESPONDENT BY : NONE DATE OF HEARING : 17-02-2012 DATE OF PRONOUNCEMENT : 17-02-2012 O R D E R PER N.R.S. GANESAN (JM) THE REVENUE FILED THE ABOVE MISCELLANEOUS APPLICAT IONS ON THE GROUND THAT THERE IS A QUESTION OF LAW ARISES FOR CONSIDERATION IN THE APPEALS OF THE REVENUE. THEREFORE THE CIRCULAR ISSUED BY THE CBDT FOR FIXI NG THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE TRIBUNAL IS NOT APPLICABLE TO THE CASE UNDER CONSIDERATION. ON A QUERY FROM THE BENCH THE LD. DR SUBMITTED THA T INTEREST ON LOAN TAKEN FROM KFC AND INTEREST ON LOAN TAKEN FROM MRS. INDIRA VASUD EVAN WAS CLAIMED AS DEDUCTION U/ 24 OF THE INCOME-TAX ACT. ACCORDING TO THE LD.DR THIS CLAIM IS A 2 MA NO.151 TO 154/COCH/2009 LEGAL ISSUE THEREFORE THE CIRCULAR CANNOT BE APPL ICABLE. NO ONE APPEARED FOR THE ASSESSEE IN SPITE OF ISSUE OF NOTICE. 2. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD.DR AND ALSO PERUSED THE ORDER OF THIS TRIBUNAL. THIS TRIBUNAL WHILE PASSI NG THE ORDER AT PARAGRAPH 3 HAS SPECIALLY MENTIONED THAT THERE IS NO QUESTION OF LA W. MOREOVER THE ISSUE OF INTEREST ARISES FROM DEPOSIT IS ONLY A FACTUAL ASPE CT. NO QUESTION OF LAW ARISES FOR CONSIDERATION. THEREFORE WE ARE UNABLE TO UPHOLD THE CONTENTION OF THE LD.DR. ACCORDINGLY THE SAME IS REJECTED. 3. IN THE RESULT THE MISCELLANEOUS APPLICATIONS OF THE REVENUE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THIS 17 TH DAY OF FEBRUARY 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN DT : 17 TH FEBRUARY 2012 PK/- COPY TO: 1. ITO WD.2(1) KANNUR 2. SMT. C.K. ASHALATHA L/H OF K.P. DIVAKARAN SUSHEELA V ILLA NO.3 MILL ROAD KANNUR-2 3. CIT(A)-III KOCHI 4. CIT KANNUR 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR INCOME-TAX APPELLATE TRIBUNAL COCHIN BENCH