TMI Blog2007 (6) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... ase (Appeal) No.636 of 2007 - - - Dated:- 14-6-2007 - P.D.DINAKARAN and P.P.S.JANARTHANA RAJA JJ. JUDGMENT The Judgment of the Court was delivered by P.P.S.Janarthana Raja, J. 1.This appeal is filed under Section 260A of the Income Tax Act, 1961 by the Revenue, against the order of the Income Tax Appellate Tribunal, Chennai Bench 'D', Chennai in I.T.A. No.2880/Mds/2004 dated 24.03.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accounting year ended on 31.03.1999. The assessee has not filed Return of income and hence notice under Section 142(1) of the Income-tax Act ("Act" in short) was issued, calling upon the assessee to file his Return of income for the assessment year. In response to the notice, the assessee filed his Return of income on 24.03.2003 admitting a total income of Rs.49,866/-. Later notice under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.Learned Standing Counsel appearing for the Revenue submitted that the Departmental Valuer estimated the cost of construction at Rs.42,28,700/- as against the estimated cost of construction at Rs.21,83,855/-. Before the Departmental Valuer the assessee had filed the year-wise investment from which it could be seen that the assessee had contributed towards the capital for Kalyana Mandapam upto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re cannot be a question of addition when there is no contribution from the appellant; the information of which is available on record. Another point to be considered is, that, the valuation report shows the period of construction from April 1987 to March 1999 and the contribution of all the partners from the beginning to end has been given. In the year under appeal, the appellant had apparently ..... X X X X Extracts X X X X X X X X Extracts X X X X
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