(1.) Tax Case Appeal is directed against the order made in MA No.96/Mds/2015 in ITA No.638/Mds/2011 dated 11.12.2015, by which, the Tribunal, dismissed the petition filed to recall the order made in ITA No.638/Mds/2011 dated 18.07.2011, as time barred.
(2.) Facts leading to the appeal are that being aggrieved by the order of the Commissioner of Income Tax (Appeals) dated 04.01.2011 made in ITA No.185/09-10, Assistant Commissioner of Income Tax, Media Circle I, Chennai, the assessee has filed an appeal before the Income Tax Appellate Tribunal, 'C' Bench, Chennai. When the matter was called, there was no appearance on behalf of the appellant/assessee. Joint Commissioner of Income Tax appeared for the Revenue and argued the case.
(3.) After hearing the arguments and considering the materials on record, the Tribunal, vide order dated 18.07.2011 made in ITA No.638/Mds/2011 for the Assessment Year 2007-2008, disagreed with the finding of the Commissioner of Income Tax (Appeals), that the cost of acquisition in the hands of the assessee must be taken at Rs.49,82,300/-. The Tribunal further held that the cost of acquisition must be taken at Rs.24,00,000/- as adopted by the Assessing Officer and ordered hereunder: