ACIT, Circle-3(1), Kolhapur V. M/s. Amar Tobacco Co., Kolhapur

CO 23/PUN/1998

• Counselvise Citation: [2011] 122 COUNSELVISE.COM (IT) 6470 (ITAT-PUNE)
• Duration Of Justice: 12 year(s) 11 month(s) 14 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-09-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 29-09-2011
• Assessment Year: misc
• Appeal Filed On: 16-10-1998
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARESHWAR SHARMA
• Keywords: Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER C.O. NO. 23/PN/1998 ARISING OUT OF I.T.(SS)A. NO. 66/PN/1996 BLOCK ASSESSMENT YEAR 1986-87 TO 1996-97 ASSTT. CIT CIR. 3(1) KOLHAPUR APPELLANT VS. M/S. AMAR TOBACCO CO. 8 TH LANE, AZAD ROAD, JAYSINGPUR DIST. KOLHAPUR RESPONDENT APPELLANT BY: SHRI HARESHWAR SHARMA RESPONDENT BY: NONE DATE OF HEARING: 29-9-2011 DATE OF PRONOUNCEMENT : 30- 9-2011 ORDER PER SHAILENDRA KUMAR YADAV, JM THE DEPARTMENT HAS FILED THIS CROSS OBJECTION ARISI NG OUT OF APPEAL FILED BY THE ASSESSEE IN IT(SS) A NO. 66/PN/1996 FOR THE BLOCK ASSESSMENT PERIOD 1986-87 TO 1996-97. 2. THE ISSUE RAISED IN CROSS OBJECTION RELATES TO A DDITION MADE ON ACCOUNT OF SUPPRESSED STOCK AS ON THE DATE OF SEARCH. SIMILAR ISSUE HAS BEEN RAISED BY THE ASSE SSEE IN ITS APPEAL IN RESPECT OF WHICH THE PRESENT CROSS OB JECTION HAS BEEN FILED BY THE REVENUE. THE TRIBUNAL VIDE ITS ORDER DATED 16-6-2000 HAS RESTORED THIS MATTER TO THE FIL E OF THE ASSESSING OFFICER WITH CERTAIN DIRECTIONS. SINCE TH E ISSUE 2 C.O. 23/PN/1998 AMAR TOBACCO CO. BLOCK PERIOD: 1986-87 TO 1996-97 RAISED BY THE ASSESSEE HAS BEEN RESTORED FOR AFRESH ADJUDICATION, THE ISSUE RAISED BY THE REVENUE IN TH IS CROSS OBJECTION IS ALSO SET ASIDE TO THE FILE OF THE ASSE SSING OFFICER WITH SIMILAR DIRECTIONS AS CONTAINED IN ASS ESSEES APPEAL IN ITA NO. IT (SS) A NO. 66/PN/1996 DATED 1 6-6- 2000. ACCORDINGLY, THIS CROSS OBJECTION IS ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, THE CROSS OBJECTION OF THE REVENU E IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN ON 30 TH SEPTEMBER 2011. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER SHAILENDRA KUMAR YADAV JUDICIAL MEMBER PUNE DATED THE 30 TH SEPTEMBER 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT KOLHAPUR 4. CIT(A)- KOLHAPUR II PUNE 5. THE D.R, ITAT PUNE BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES, PUNE.