Ita/53/2008 Of Smt.renu C Babu v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939 ITA.No. 53 of 2008 AGAINST THE ORDER/JUDGMENT IN ITA 483/COCH/2006 of I.T.A.TRIBUNAL,COCHIN BENCHDATED 26-12-2007 APPELLANT(S)/APPELLANT IN I T A: SMT.RENU C BABU, CHANDRATHIL HOUSE, PALARIVATTOM, KOCHI. BY ADVS.SRI.E.K.NANDAKUMAR (SR.) SRI.ANIL D. NAIR RESPONDENT(S)/RESPONDENT IN I T A: ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, ERNAKULAM. SRI.JOSE JOSEPH, SC FOR INCOME TAX DEPARTMENT. THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 05-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX APPELLANT'S EXHIBITS ANNEXURE-A :COPY OF ASSESSMENT ORDER FOR 2001-02 ISSUED BY THE INCOME TAXDEPARTMENT TO THE APPELLANT DATED 4.1.2006. ANNEXURE-B :COPY OF ORDER ISSUED BY THE COMMISSIONER OF INCOME TAX(APPEALS) TO THE APPELLANT DATED 8.6.2006. ANNEXURE-C :COPY OF TRIBUNAL ORDER DATED 26.12.2007. //TRUE COPY// jg-20/3 PS TO JUDGE. K.VINOD CHANDRAN & ASHOK MENON, JJ. ------------------------------------------- ITA No.53 of 2008 ------------------------------------------- Dated this the 5[th] day of March, 2018 J U D G M E N T Vinod Chandran, J. A search was conducted by the Department in thepremises of the father of the appellant/assessee andnotices were issued to the appellant/assessee and toher father, on the basis of the materials recoveredon search. One issue raised in the appeal is withrespect to the adoption of the sale price shown inthe agreement for sale when the Deed for Sale showeda lesser consideration. The issue arose also in thecase of assessment of the appellant's father. Theassessments of the father of the appellant/assesseewere also challenged in appeals, numbered as ITANos.14, 16 and 19 of 2008. Those appeals wererejected by judgment dated 27.02.2009 by a DivisionBench, accepting the Income Tax Appellate Tribunal'sorder adopting the sale consideration as shown in theagreements for sale. The learned Judges rejected theappeals finding no question of law arising from theorder of the Tribunal. Respectfully following thesame, we reject this appeal also. No costs. Sd/- K.VINOD CHANDRAN JUDGE Sd/- ASHOK MENON JUDGE