Ita/77/2008 Of Commissioner Of Income Tax,Trivandrum v. Shri.n.muraleedharan,Charumoodu

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 ITA.No. 77 of 2008() -------------------- AGAINST THE ORDER DATED 26/06/2006 IN (S&S) IN ITA.21/COCH/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENT(S): RESPONDENT ------------------------- SHRI.N.MURALEEDHARAN, MURALEE BHAVAN, KANNANAKUZHI, (VIA) CHARUMOODU. ADV. SRI.A.KUMAR FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &K.SURENDRA MOHAN, JJ. ....................................................................I.T. Appeal No.77 of 2008 .................................................................... Dated this the 19th day of March, 2009. JUDGMENT Ramachandran Nair, J. The question raised pertains to deletion of addition of Rs.10 lakhsin the block assessment made on the respondent after search, by theCommissioner (Appeals) which is confirmed by the Tribunal. Ongoing through the order of the Tribunal, we find that the additionpertains to difference in value of a property which was stated to be firstpurchased in the name of another person by the assessee himself aspower of attorney holder and later the property was sold in favour ofthe wife of the assessee. The property is admittedly in the Village andassessee's case is that high valuation is shown for the purpose ofobtaining solvency certificate for Abkari licence. The first appellateauthority accepted the case and the Tribunal confirmed it. We do not find any question of law arising from the order of the Tribunal on thefindings on this issue. We, therefore, dismiss the appeal. C.N.RAMACHANDRAN NAIRJudge pms K.SURENDRA MOHANJudge