9911796707
TMI Blog2002 (11) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... in this appeal. It is accordingly dismissed. - - - - - Dated:- 8-11-2002 - Judge(s) : G. SIVARAJAN., K. BALAKRISHNAN NAIR. JUDGMENT The judgment of the court was delivered by G. SIVARAJAN J.-The matter arises under the Income-tax Act, 1961 (for short "the Act"). The appellant is a doctor by profession and is an assessee to income-tax under the Act. The assessment year concerned is 1992-93. For the said assessment year, the assessee filed a return on June 23, 1992, disclosing an income of Rs. 62,020 including capital gain of Rs. 3,500. The return was processed under section 143(1)(a). Subsequently, a notice under section 143(2) was issued and the assessment was completed under section 143(3) on March 28, 1995, fixing the total inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereafter noticed that the assessee had sold 14.95 cents of land and shop room thereon as per document No. 1488 of 1990, dated October 19, 1990, to his brother, Sri Baby Chungath, for a consideration of Rs. 1,50,000 and that the assessee in his return admitted a long-term capital gain of Rs. 12,200 in respect of the property sold which was accepted by the Assessing Officer while processing the return under section 143(1)(a) and the refund of Rs. 7,142 claimed was granted. The assessee had taken a stand in the return filed on June 23, 1992, that the balance portion of the property was also sold on May 15, 1991, for Rs. 1,50,000 during this period. Subsequently, the assessee by letter dated March 27, 1995, admitted that it was a mistake to me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Rs. 1,50,000 was deleted and allowed the appeal filed by the appellant. The Department took up the matter in appeal before the Tribunal. The Tribunal after considering the aforesaid facts and circumstances observed that if these confirmatory letters issued by the tenants in May, 1991, were actually available the assessee should have produced the same before the Assessing Officer at the time of assessment itself. The Tribunal also observed that there is considerable force in the reasoning of the Assessing Officer that in the document No. 1488 of 1990, dated October 19, 1990, it is specifically mentioned that all the future dealings by the tenants in respect of the shop rooms sold should be done with the new landlord directly and not with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income-tax (Appeals) and that the only reason stated by the Tribunal is that the appellant has not produced the confirmatory letters which were obtained in May, 1991, before the Assessing Officer at the time of the original assessment. Counsel accordingly submitted that the Appellate Tribunal has erroneously decided the matter against the assessee and that at any rate the Tribunal should have set aside the first appellate order and remitted the matter to the assessing authority so that the appellant could have adduced all further evidence in support of the confirmatory letters. Sri P.K.R. Menon, learned senior standing counsel for taxes appearing for the respondent, submits that the Tribunal was perfectly justified in setting asid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovements to the building in 1989 and the same was returned by them during the assessment year under consideration. The appellate authority accepted this contention based on the confirmatory letters produced before him. It is in view of the indefinite case of the assessee the Tribunal went into the genuineness of the claim. As already noted the confirmatory letters which are produced before the first appellate authority are dated May 16, 1991, and May 19, 1991, and even the original assessment under section 143(3) of the Act was completed only on August 28, 1995. If as a matter of fact the said documents were with the assessee he could have produced the same before the Assessing Officer so that the Assessing Officer would have gone into the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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