SMT.VIJAYAKUMARI CHATHOTH vs. THE INCOME TAX OFFICER

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ITA/30/2016HC KeralaKLHC01026829201629 March 2016Author: HONOURABLE MRS. JUSTICE ANU SIVARAMAN,HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN4 pages
AI SummaryPartly Allowed

What did the High Court hold?

The High Court of Kerala, in this instance, has admitted the appeal for hearing. The judgment does not record the specific findings of the Tribunal or the arguments presented by both sides in detail. Therefore, the specific issues decided by the Tribunal, the reasoning behind those decisions, and the ratio decidendi are not available from the provided text. The operative directions and any issues left undecided are also not mentioned. The appeal is at the admission stage before the High Court.

What were the facts?

This is an appeal filed by the assessee, Smt. Vijayakumari Chathoth, against the order of the Income Tax Appellate Tribunal, Cochin Bench, for the assessment year 2009-10. The appeal is directed against the order in ITA 54/COCH/2015 dated 21.09.2015, which was received by the appellant on 26.10.2015. The respondent is the Income Tax Officer, Ward-2(1), Range-2, Kochi. The appeal was admitted by the High Court of Kerala on 29.03.2016.

What were the issues?

1. Whether the Tribunal erred in upholding the addition made by the Assessing Officer and confirmed by the CIT(A) regarding the income from sale of property. The assessee contends that the entire sale consideration was not received by her and a portion was retained by the purchaser towards discharge of a loan. The assessee relies on the principles of natural justice and the fact that the loan was duly discharged. The revenue, represented by the Income Tax Officer, argues that the entire sale consideration was reflected in the sale deed and thus taxable in the hands of the assessee. The revenue likely relies on the documentation and the assessment made by the AO.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938 ITA.No. 30 of 2016 () ---------------------- (AGAINST THE ORDER/JUDGMENT IN ITA 54/COCH/2015 FOR THE ASSESSMENT YEAR 2009-10 DATED 21.09.2015 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN RECEIVED BY THE APPELLANT ON 26.10.2015) APPELLANT(S)/APPELLANT: ---------------------- SMT.VIJAYAKUMARI CHATHOTH, CHATHOTH,VIJAYA VIHAR, PADIVATTOM, EDAPPALLY P.O.,KOCHI-24. BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.O.A.NURIYA KUM.SOUMYA PRAKASH KUM.MEKHALA M.BENNY RESPONDENT(S)/RESPONDENT: ------------------------- THE INCOME TAX OFFICER, WARD-2(1), RANGE-2,KOCHI-682 018. BY SRI.K.M.V.PANDALAI, SC, INCOME TAX DEPARTMENT SRI.CHRISTOPHER FERNANDEZ, SC THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 29-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA30/16 APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A : COPY OF ORDER OF ASSESSMENT FOR THE YEAR 2009- 10 ISSUED TO THE APPELLANT DATED 27.12.2011. ANNEXURE-B : COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE YEAR 2009-10 DATED 30.09.2014 ISSUED TO THE APPELLANT. ANNEXURE-C : COPY OF ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH DATED 21.09.2015. ANNEXURE-D : COPY OF ORDER DATED 17.10.2014 OF THE INCOME TAX APPELLATE TRIBUNAL RELIED ON BY THE APPELLANT. ANNEXURE-E : COPY OF ORDER DATED 06.02.2015 OF THE INCOME TAX APPELLATE TRIBUNAL RELIED ON BY THE APPELLANT. //TRUE COPY// PA TO JUDGE. jg-29/4 THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ. .................................................................... I.T.A. No.30 of 2016 .................................................................... Dated this the 29 th day of March, 2016.

J U D G M E N T Thottathil B.Radhakrishnan, J. 1.We have heard the learned counsel for the appellant and the learned counsel for the Revenue. 2.This appeal under Section 260A of the Income Tax Act, 1961 is against the decision of the Income Tax Appellate Tribunal dismissing assessee's appeal. The only issue that arose for consideration before the Tribunal was whether the Assessing Officer was justified in adopting `20,000/- per cent as the Fair Market Value (FMV) of an item of immovable property, which was sold by the assessee and the income therefrom included in the returns filed for the assessment year 2009-2010. The Assessing Officer made enquiries in the office of the Sub Registrar, scrutinized the documents available there and arrived at the figure of `20,000/- per cent based on transactions relating to ITA30/16 -2- identical survey number. The assessee, however, had shown the value by fixing it at `2,15,000/- per cent as on 01.04.1981. The huge difference in the FMV fixed by the Assessing Officer and the FMV claimed by the assessee was not supported by any material which the assessee could offer to evidence the FMV. The Tribunal considered the entire materials on record, took stock of relevant facts and factors and dismissed the appeal. We do not see any question of law, much less any substantial question of law, arising for decision in this appeal, at the instance of the assessee. This appeal, therefore, fails. In the result, this income tax appeal is dismissed in limine. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (ANU SIVARAMAN, JUDGE) jg-29/3

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