Ita/53/2002 Of The Commissioner Of Incometax, Kochi v. K.v. Joseph

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 ITA.No. 53 of 2002() -------------------- ITA.103/1997 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT -------------------------- THE COMMISSIONER OF INCOME-TAX,COCHIN BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENTS: ------------- SHRI.K.V.JOSEPH, KANDATHIL HOUSE, B.M.C. P.O., COCHIN. BY ADV. SRI.A.KUMAR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -------------------------------------------- I.T.A. No. 53 OF 2002 -------------------------------------------- Dated this the 6th day of February, 2008 JUDGMENT C.N. Ramachandran Nair,J. In the departmental appeal the addition sought to be sustainedpertains to unexplained investment in buildings which stand in thename of the respondent's wife. The Tribunal noticed that pursuant tofirst appellate order, department made regular assessment in the handsof the wife for the very same year. If that be so, department cannotpursue this appeal. However, if the assessment in the name of wife ofthe respondent is only a protective assessment or the same wascontested by her by denying the investment as made by her then it isopen to the department to file Review Petition with details pertaining toassessee's wife's assessment contested in appeal. This appeal istherefore dismissed leaving freedom to the revenue to file review, ifdesired. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk