Ita/1455/2009 Of The Commissioner Of Income Tax v. A.m.habeeb

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY,THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941 ITA.No. 1455 of 2009 AGAINST THE ORDER IN ITA 110/1998 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 30-04-2002 APPELLANT/S: THE COMMISSIONER OF INCOME TAX,COCHIN. BY ADV. SRI.JOSE JOSEPH, SC FOR INCOME TAX RESPONDENT/S: A.M.HABEEB,RABEEN HOUSE, KALOOR, COCHIN-17. BY ADV. SRI.A.KUMAR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON27.03.2019, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: JUDGMENT K.VINOD CHANDRAN, J. The appeal is filed against the assessment for capital gains on sale of the property made by the assessee/respondent. The assessee/respondent is no more and theRevenue has filed an impleading petition seeking to impleadthe legal heirs. Before issuing notice, we thought it fit to gothrough the memorandum of appeal. We find that theassessee had taken the fair market value as on 1.4.1981 atRs.53,278/- per cent at Kaloor in Ernakulam village. Theassessing officer adopted it at Rs.17,500/-, the CIT (Appeals)raised it to Rs.35,000/- and the Tribunal to Rs.42,000/-. TheRevenue is before us in the above appeal, in which, we do notfind any question of law as such. The assessing officer andthe other fact finding authorities had merely carried out estimation based on the fact situation as available at thatpoint of time. We do not find any question of law arisingfrom the above appeal and hence, we reject the same. Theimpleading petition, hence, is also not necessary and isclosed. Sd/- JUDGE K.VINOD CHANDRAN Sd/- JUDGE V.G.ARUN Scl/18.3 I.T.A.No.1455 of 2009 & C.M.Appl.No.1 of 2019 -4- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE ACOPY OF THE ORDER OF THE ASSESSING OFFICER DATED 27.03.1997. ANNEXURE BCOPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 31.12.1997.ANNEXURE CCOPY OF THE ORDER OF THE TRIBUNAL DATED 30.04.2002.