Ita/218/2013 Of Commissioner Of Income Tax Central Ludhiana v. Satish Bala Malhotra And Ors

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. ITA No. 218 of 2013 (O&M)Date of decision:11.08.2016 Commissioner of Income Tax (Central), Ludhiana ©Versus| ..Appellant Smt. Satish Bala Malhotra and others ~ ...Respondents CORAMHONBLE MR. JUSTICE S. J. VAZIFDAR, CHIEF JUSTICEHON5BLE MR. JUSTICE DEEPAK SIBAL Present: Mr. Rajesh Katoch, Advocate for the appellant. Mr. Pankaj Jain, Senior Advocate with Mr. Sachin Bhardwaj, Advocate © Mr. Divya Suri, Advocate Mr. Gaurav Mittal, Advocate for the respondents. ee S.J. VAZIFDAR, C.J. (QRAL) This is an appeal against the order of the Tribunal dismissingthe appellant’s miscellaneous application for rectification under Section 254(2) of the Income Tax Act 1961. The matter pertains to the assessment year2006-07. The application for rectification was in respect of the issuepertaining to deemed dividend. The appeal against the order sought to berectified by the miscellaneous application was filed before this Court beingITA No. 232 of 2012. That appeal also raised other issues. As far as theissue of deemed dividend is concerned, the Division Bench by an interimorder dated 28.10.2013 held that there was no reason to differ with the'Opinion recorded by the Tribunal because it was apparent that the deceasedassessee was the owner of the property in his personal capacity andShareholder of the company as a Karta of his HUF and that the property wasagreed to be sold by the assessee in his individual capacity and not as theKarta of the HUF. The Division Bench held that the Tribunal, therefore,rightly deleted the addition on account of deemed dividend. The DivisionBench accordingly issue notice of motion in ITA No. 232 of 2012 only onthe other issues. Incidentally, we disposed of the said appeal in respect of theother issues also by a Separate order and judgment passed today. ITA No. 218 of 2013 (O&M) In view of the order of the Division Bench dated 28.10.2013,this appeal would require to be dismissed in any event without going into thequestion as to the maintainability of the application for rectification beforethe Tribunal. The appeal is accordingly dismissed. | 11.08.2016%&Whether speaking/reasoned Whether reportable (S.J. VAZIFDAR)CHIEF JUSTICE (DEEPAK SIBAL)JUDGE Yes/NoYes/No)