COMMISSIONER OF INCOME TAX Vs. R S SURIYA

JUDGEMENT

(1.) The Revenue has filed these appeals challenging the order of the Income Tax Appellate Tribunal 'B' Bench, Chennai, dated 23.8.2013 made in I.T.A.Nos.1197 and 1198/Mds/2013 for the assessment years 2007-2008 and 2008-2009, by raising the following questions of law:

(2.) Though the wordings of the Tribunal giving reasons in support of the order dismissing the appeals filed by the Revenue before the Tribunal may not be appropriate in language, we find that there is some justification to accept the plea made by the respondent/assessee for certain allowable expenditure, which he had claimed before the Assessing Officer and the Commissioner of Income Tax (Appeals) and was partly allowed by the Commissioner of Income Tax (Appeals) in favour of the assessee.

(3.) The facts in a nutshell are as under: The assessee claims to be a leading film artist. There was a search under Section 132 of the Income Tax Act, 1961 (for brevity, "the Act") in the premises of the assessee on 19.1.2010. In response to the notice under Section 153A of the Act, the assessee filed his return of income for the assessment years 2007-2008 and 2008-2009 admitting total income of Rs.5,21,64,811/- and Rs.6,48,51,620/- respectively.