Ita/57/2012 Of P.p.varghese v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934 ITA.No. 57 of 2012 () ---------------------------- IN ITA.NO.492 & 493/COCH/2011 of THE INCOME TAX APPELLATE TRIBUNAL, COCHINBENCH, DATED 17/02/2012 APPELLANT/RESPONDENT : -------------------------------------- P.P.VARGHESE PUTHUVA HOUSE, OORAKKADU, MALAYIDAMTHURUTHU P.O. EDATHALA, ERNAKULAM DISTRICT, PIN-683 561 PAN:AASPV 5092 P. BY ADVS.SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT/APPELLANT: ------------------------------------------- THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-I, ERNAKULAM 682 018 BY ADV.SRI.JOSE JOSEPH, SC, FOR INCOME TAX GOVERNMENT PLEADER SRI.BOBY JOHN THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 04-06-2012, ALONG WITH ITA NO:58/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MJL ITA NO:57/2012 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P A TO JUDGE MJL THOTTATHIL B.RADHAKRISHNAN&K.VINOD CHANDRAN, JJ. ----------------------------------- I.T.A.Nos.57 & 58 of 2012------------------------------------ Dated this the 4[th] day of June, 2012 JUDGMENT Thottathil B.Radhakrishnan,J. We have heard learned counsel for the appellant quite inextenso on the different aspects of the matter. Heard learnedGovernment Pleader also. The controversy between the appellant assessee and thedepartment is regarding the appropriate evaluation to beapplied to certain assets, in particular, a building constructedby the assessee. We see that the Appellate Tribunal has onlypassed an order of remit at the instance of the department toenable appropriate comparative evaluation of the case of theassessee and the case of the department on the basis of thevaluation report. Under such circumstances we do not findany ground to entertain this ITA and would only direct thatfollowing the order of remit made by the Tribunal, the Assessing Officer will consider the matter afresh, including byproviding opportunity to the appellant assessee to makesubmissions in conformity with the directions and observationsmade by the learned Tribunal. It will also be open to theappellant to make appropriate submissions, including inwriting, before the Valuation Officer. The appeals are dismissed subject to the aforesaid. Sd/- THOTTATHIL B.RADHAKRISHNAN Judge. Sd/- K.VINOD CHANDRAN Judge. kkb.4/6.