Ita/30/2016 Of Smt.vijayakumari Chathoth v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938 ITA.No. 30 of 2016 () ---------------------- (AGAINST THE ORDER/JUDGMENT IN ITA 54/COCH/2015 FOR THEASSESSMENT YEAR 2009-10 DATED 21.09.2015 OF THE INCOME TAXAPPELLATE TRIBUNAL, COCHIN BENCH, COCHIN RECEIVED BY THEAPPELLANT ON 26.10.2015) APPELLANT(S)/APPELLANT: ---------------------- SMT.VIJAYAKUMARI CHATHOTH, CHATHOTH,VIJAYA VIHAR, PADIVATTOM, EDAPPALLY P.O.,KOCHI-24. BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.O.A.NURIYA KUM.SOUMYA PRAKASH KUM.MEKHALA M.BENNY RESPONDENT(S)/RESPONDENT: ------------------------- THE INCOME TAX OFFICER, WARD-2(1), RANGE-2,KOCHI-682 018. BY SRI.K.M.V.PANDALAI, SC, INCOME TAX DEPARTMENT SRI.CHRISTOPHER FERNANDEZ, SC THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSIONON 29-03-2016, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: ITA30/16 APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A :COPY OF ORDER OF ASSESSMENT FOR THE YEAR 2009-10 ISSUED TO THE APPELLANT DATED 27.12.2011. ANNEXURE-B :COPY OF ORDER OF THE COMMISSIONER OF INCOMETAX (APPEALS) FOR THE YEAR 2009-10 DATED 30.09.2014 ISSUED TOTHE APPELLANT. ANNEXURE-C :COPY OF ORDER OF THE INCOME TAX APPELLATETRIBUNAL, COCHIN BENCH DATED 21.09.2015. ANNEXURE-D :COPY OF ORDER DATED 17.10.2014 OF THE INCOMETAX APPELLATE TRIBUNAL RELIED ON BY THE APPELLANT. ANNEXURE-E :COPY OF ORDER DATED 06.02.2015 OF THE INCOMETAX APPELLATE TRIBUNAL RELIED ON BY THE APPELLANT. //TRUE COPY// jg-29/4 PA TO JUDGE. THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ. .................................................................... I.T.A. No.30 of 2016 .................................................................... Dated this the 29 th day of March, 2016. J U D G M E N T Thottathil B.Radhakrishnan, J. 1.We have heard the learned counsel for the appellant and thelearned counsel for the Revenue.learned counsel for the Revenue. 2.This appeal under Section 260A of the Income Tax Act, 1961 is against the decision of the Income Tax Appellate Tribunaldismissing assessee's appeal. The only issue that arose forconsideration before the Tribunal was whether the AssessingOfficer was justified in adopting `20,000/- per cent as the FairMarket Value (FMV) of an item of immovable property, which wassold by the assessee and the income therefrom included in thereturns filed for the assessment year 2009-2010. The AssessingOfficer made enquiries in the office of the Sub Registrar,scrutinized the documents available there and arrived at thefigure of `20,000/- per cent based on transactions relating to identical survey number. The assessee, however, had shown thevalue by fixing it at `2,15,000/- per cent as on 01.04.1981. Thehuge difference in the FMV fixed by the Assessing Officer and theFMV claimed by the assessee was not supported by any materialwhich the assessee could offer to evidence the FMV. The Tribunalconsidered the entire materials on record, took stock of relevantfacts and factors and dismissed the appeal. We do not see anyquestion of law, much less any substantial question of law, arisingfor decision in this appeal, at the instance of the assessee. Thisappeal, therefore, fails. In the result, this income tax appeal is dismissed in limine. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) jg-29/3 (ANU SIVARAMAN, JUDGE)