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2020 (6) TMI 79 - MADRAS HIGH COURTUnexplained investment in the purchase of property - Addition made u/s 69 merely on casual diary noting - Independent enquiry should be made by the Department on the market value of the property - Whether entire addition of unaccounted investment under Section 69 of Income Tax Act in the hands of the appellant, when the appellant was only holding 50% interest as co-owner of the said house property? - adjudication done under Section 47 (A) (1) of the Indian Stamp Act - HELD THAT:- A perusal of the order passed by the CIT (Appeals) dated 01.03.2019 as well as the original order dated 08.11.2019 passed by the Income Tax Appellate Tribunal did not deal with the aspect as to the adjudication done under Section 47 (A) (1) of the Indian Stamp Act. As appears from the materials placed in the form of additional typed set of documents dated 04.03.2020 filed by the appellant / assessee that challenging the adjudication done by the Special Deputy Collector, Salem, dated 19.08.2011, further appeal was filed under Section 47 (A) (5) of the Indian Stamp Act before the Chief Commissioner (Stamp), Salem and the value of the site fixed at ₹ 545 per sq.ft has been increased to ₹ 600 per sq.ft and it was also complied with. In the considered opinion of this Court, the said order passed by the statutory authority would definitely have a bearing on the adjudication done by the authorities below and despite the fact that specific ground has been raised before the CIT (Appeals) as well as before the ITAT, the said grounds have not been considered and adjudicated. Therefore, the following substantial question of law raises for consideration: Whether the order of CIT (appeals) dated 01.03.2019, as confirmed by the impugned order of ITAT dated 08.11.2019, as to the non consideration of adjudication done under Section 47 (A) (1) of the Indian Stamp Act as well as adjudication done by the Chief Revenue Officer / Inspector General of Registration, Chennai 28 in the appeal filed under Section 47 (A) (5) of the Indian Stamp Act, is sustainable in law? Substantial Question of Law framed is answered in affirmative in favour of the appellant / assessee,
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