PATCHAIAPPAN ANBU KOTHANDARAMAN,PUDUCHERRY vs. ACIT PONDICHERRY CIRCLE, PONDICHERRY

आयकर अपीलीय अिधकरण ‘सी’ Ɋायपीठ चेɄई मŐ।
IN THE INCOME TAX APPELLATE TRIBUNAL
‘C’ (SMC) BENCH, CHENNAI

माननीय ŵी मनोज कुमार अŤवाल ,लेखा सद˟ एवं
माननीय ŵी मनु कुमार िगįर, Ɋाियक सद˟ के समƗ।
BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER
AND HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER

आयकरअपील सं./ ITA No.3307/Chny/2024
(िनधाŊरणवषŊ / Assessment Year: 2012-2013)

Patchaiappan Anbu
Kothandaraman,
No.7, West Street,
Villianur,
Puducherry 605 110. [PAN: AFGPA 2228D]
Vs. The Assistant Commissioner of Income Tax,
Pondicherry Circle,
Pondicherry.
(अपीलाथȸ/Appellant)

(Ĥ×यथȸ/Respondent)

अपीलाथȸ कȧ ओर से/ Appellant by : Shri R. Vijayaraghavan, Advocate
Ĥ×यथȸ कȧ ओर से /Respondent by :

Ms. V. Aswathy, JCIT

सुनवाई कȧ तारȣख/Date of Hearing
: 25.02.2025
घोषणा कȧ तारȣख /Date of Pronouncement
: 25.03.2025

आदेश / O R D E R

PER MANU KUMAR GIRI (Judicial Member)

This appeal by assessee is arising out of the order of the Additional/Joint
Commissioner of Income Tax (Appeals)-2, Office of the Commissioner of Income
Tax (Appeal), Mumbai in Order No.ITBA/APL/S/250/2024-25/1070250475 (1), dated 11.11.2024. The assessment was framed by the Assistant Commissioner of Income Tax, Pondicherry Circle, Pondicherry for the assessment year 2012-2013, u/s. 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short ‘’the Act’) vide order dated 16.12.2019. 2. The assessee is an individual doing real estate business, filed the return of income for the A.Y. 2012-13 on 08.01.2013 admitting total income of Rs.9,73,380/-.
The ld. Assessing Officer received Information through the NMS data that the assessee had purchased immovable property to the tune of Rs.1,61,40,000/- during the year under consideration and the return was not in commensuration with the information available with the ld. Assessing Officer. Hence, the ld. Assessing Officer had reasons to believe that Income chargeable to tax has escaped assessment within the meaning of section 147 of the Act. Accordingly, the case was re-opened u/s.147 of the Act with the prior approval of the Principal Commissioner of Income
Tax, Puducherry, by issuance of notice u/s.148 dated 30.03.2019. The same was duly served on the assessee on 02.04.2019. Further, show cause notice dated
20.06.2019 and 01.07 2019 were issued. In response to the notice issued u/s 148, the assessee filed a return of income for the Asst. Year 2012-13 on 10.07.2019
admitting a total income of Rs.9,73,380/-. Subsequently, the case was transferred from the Income Tax Officer, Ward 1, Pondicherry. On change of incumbent, a notice u/s.142(1) alongwith questionnaire dated 03.12.2019 was issued and duly served. Subsequent to that a notice u/s.143(2) was issued on 12.12.2019 and duly served. The ld. Assessing Officer meanwhile obtained copy of purchase deed from the Sub-