DCIT, Non Corporate Circle - 2(1), Chennai vs. Shri Jayapal Sanjay, Chennai
In the result, the appeal of the revenue is allowed
ITA 1737/CHNY/2019[2015-16]Status: DisposedITAT Chennai19 Aug 2022AY 2015-16
Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year: 2015-16 Deputy Commissioner Of Shri Jayapal Sanjay Income Tax, Non-Corporate 78/132, Dr. Radhakrishnan Circle-2(1), Chennai Salai, Mylapore, Room No. 320, 3Rd Floor, Vs. Chennai-600004. Wanaparthy Block, Aayakar (Pan: Aavps9647J) Bhavan, 121, M G Road, Nungambakkam, Chennai-34. (Appellant) (Respondent) Present For: Appellant By : Shri Suhrith Parthasarathy, Advocate Respondent By : Shri Ar V Sreenivasan, Addl. Cit Date Of Hearing : 25.05.2022 Date Of Pronouncement : 19.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Revenue Is Directed Against The Order Of Ld. Cit(A)-2, Chennai Vide Ita No. 161/2017-18/(A)-2 Dated 27.03.2019 Passed Against The Order Of Acit, Non-Corporate Circle-2, Chennai Dated 29.12.2017 U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For A.Y. 2015-16. 2. Before Us Shri Suhrith Parthasarathy, Advocate Appeared On Behalf Of The Assessee & Shri Ar V Sreenivasan, Addl. Cit Appeared On Behalf Of The Revenue.
For Appellant: Shri Suhrith Parthasarathy, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(3)Section 48
…decision of Hon’ble jurisdictional High Court of Madras in the case of Smt. D. Zeenath (supra) wherein similar such payments have been held to be tantamounting to diversion of sale proceeds. 13. Hon'ble Supreme Court in the case of Sumati Dayal v. CIT [1995] 214 ITR 801 (SC) held that income tax proceedings are civil proceedings and the degree of proof required is to be judged by preponderance of probabilities. Further, the Hon’ble Apex Court in the case of CIT v Durga Prasad More [1971] 82 ITR 540 (SC) has held that the taxing authorities were not required to put on blinkers while looking at the documents produ…