Alex.C.Joseph vs The Income Tax Officer on 11 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 92 of 2008()


1. ALEX.C.JOSEPH, CHEKKATTU HOUSE,
                      ...  Petitioner

                        Vs



1. THE INCOME TAX OFFICER, WARD-1,
                       ...       Respondent

                For Petitioner  :SRI.M.A.SHAFIK

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :11/11/2009

 O R D E R
                 C .N. RAMACHANDRAN NAIR &
                         V.K. MOHANAN, JJ.
                 --------------------------------------------
                       I. T. A. No. 92 OF 2008
                 --------------------------------------------
              Dated this the 11th day of November, 2009

                              JUDGMENT

Ramachandran Nair, J.

Heard counsel for the appellant. The appeal is filed against the

order of the Tribunal disposing of assessment appeal by the assessee

for the year 1992-93. The assessee who was the Managing Partner of

two firms during the previous year did not file any return. A search

was carried out in the premises under Section 132 of the I.T. Act when

it was found that business transactions of the two firms of which the

assessee was Managing Partner, were transacted through the bank

account of the assessee. Both the firms had converted their business to

purchase and sale of imported cars. After collecting information from

the books of accounts, the assessing officer issued notice to one person

by name K.A. Mathew to whom payment of Rs. 25,000/- was recorded

in the books of accounts of the assessee’s firm towards consideration

for using his passport for import of Mercedes car in June, 1991.

However, the said K.A. Mathew appeared before the assessing officer

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and gave a statement denying any commission having been received by

him. Since books of accounts were found to be unacceptable, the

assessing officer estimated that the net profit from business is Rs.

75,000/-. On appeal, the Tribunal reduced this income estimated to Rs.

50,000/-. Even though assessee’s counsel contended that income

escaping assessment completed under Section 147 is time barred, we

do not find any such contention raised before the Tribunal while

deciding the issue. An appeal is maintainable before this Court only on

substantial question of law arising from the order of the Tribunal.

Since the issue does not arise from the orders of the Tribunal, we

decline to consider the same. So far as refixation of income is

concerned, we do not find any question of law arising from the

Tribunal’s order. Consequently appeal is dismissed leaving freedom to

the appellant to move the Tribunal in accordance with law if he has a

case that the assessment is time barred.

(C.N.RAMACHANDRAN NAIR)
Judge.

(V.K. MOHANAN)
Judge.

kk

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