Ita/1569/2009 Of Sri.a.janardhanan v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 ITA.No. 1569 of 2009() -------------------------------- IT(SS)A.8/COCH/2002 of INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH .................... APPELLANT/APPELLANT ------------------------------------ SRI.A. JANARDHANAN, ARACKAL HOUSE, OLLUR P.O., TRISSUR. BY ADV. SRI.P.BALAKRISHNAN. RESPONDENT/RESPONDENT: -------------------------------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.R.MENON, SR.COUNSEL, GOI (TAXES), SRI.JOSE JOSEPH, SC, FOR INCOME TAX. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ I.T.A.NO:1569 OF 2009 ----------------------------------------------------------- Dated this the 28[th] October, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and standing counsel for therevenue. In the course of search conducted in the premises of Shri.K.V.Ramakrishnan it came to the notice that the assessee whileworking as a branch manager of a scheduled bank invested moneyin a bar hotel in the name of another person and he was in receiptof income. The binami was made to retire from the firm leading toreceipt of an amount of 6.5 lakhs over the share of Rs.1 lakhtowards share maintained by the assessee. The assessee contestedthe liability for taxes treating the amount received on retirement ofhis banami under Section 69 of the Act. What we find from theTribunal's order is that they have made only an open remandwithout deciding any issue. The counsel for the assessee broughtto our notice the batch decision of the Tribunal in the case of otherpartners of the firm which is today upheld by us (ITA Nos:474/2009 etc). In the circumstances, we dispose of the appealdirecting the Assessing Officer to take into account the significance ITA 1569/2009 of the decision of the Tribunal in the case of partners of Messrs.Mamatha Motels affirmed by us. Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge jj K. SURENDRA MOHANJudge