Shri Jayantilal Gopal Patel, Kolhapur V. ACIT, Cir.-1(2), Kolhapur

CO 46/PUN/2003

• Counselvise Citation: [2011] 122 COUNSELVISE.COM (IT) 6473 (ITAT-PUNE)
• Duration Of Justice: 8 year(s) 2 month(s) 26 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-09-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 23-09-2011
• Assessment Year: 1994-1995
• Appeal Filed On: 04-07-2003
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: B D SINGH
• Section: 234B; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER C.O. NO 46/PN/03 (ARISING OUT OF ITA NOS 869/PN/98) (ASSTT. YEAR 1994-95) SHRI JAYANTILAL GOPAL PATEL, .. CROSS OBJECTOR 850 B, SUBHASH ROAD, KOLHAPUR VS ASSTT. COMMISSIONER OF INCOME-TAX, .. RESPONDENT CIR. 1(2) KOLHAPUR CROSS OBJECTOR BY: NONE RESPONDENT BY : SHRI B D SINGH DATE OF HEARING : 23.09.2011 DATE OF PRONOUNCEMENT : 30.09.2011 ORDER PER G.S. PANNU, AM THE CAPTIONED CROSS OBJECTION BY THE ASSESSEE ARIS ES OUT OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEAL S), KOLHAPUR DATED 18.8.1988, PERTAINING TO THE ASSESSMENT YEAR 1994-95. 2. THE CONNECTED APPEAL FILED BY THE REVENUE AGAINS T THE IMPUGNED ORDER OF THE COMMISSIONER OF INCOME-TAX (A PPEALS) WAS A SUBJECT-MATTER OF CONSIDERATION OF OUR CO-ORDINATE BENCH IN ASSESSEES OWN CASE IN ITA NO 869/PN/98. THE FIRST ISSUE RAISED BY THE ASSESSEE IN THE CROSS OBJECTION IS IN SUPPORT O F THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) ON WHICH ISSUE , THE APPEAL OF THE REVENUE, NAMELY, ON GROUND NO. 1 HAS SINCE BEEN DISMISSED. THEREFORE, THIS GROUND BECOMES INFRUCTUOUS AND IS D ISMISSED AS SUCH. 2 3. THE SECOND ISSUE RAISED IN CROSS OBJECTION IS WI TH REGARD TO RE-COMPUTATION OF INTEREST UNDER SECTION 234A, 234B AND 234C OF THE ACT, WHICH WAS ALSO A SUBJECT-MATTER OF CONSIDE RATION IN THE APPEAL OF REVENUE BY WAY OF GROUND NOS 2 TO 6. ON T HIS ASPECT, THE ISSUE HAS BEEN REMITTED BACK TO THE FILE OF THE COM MISSIONER OF INCOME-TAX (APPEALS) WITH DIRECTION TO EXAMINE DE N OVO. AS A RESULT, EVEN THE ISSUE RAISED IN THE CROSS OBJECTION WILL A LSO BE OPEN FOR THE ASSESSEE TO AGITATE BEFORE THE COMMISSIONER OF INCO ME-TAX (APPEALS). ACCORDINGLY, THIS ISSUE IS REMITTED BAC K TO THE FILE OF THE COMMISSIONER OF INCOME-TAX (APPEALS) FOR FRESH EXAM INATION IN ACCORDANCE WITH THE DIRECTIONS GIVEN IN THE REVENUE S APPEAL IN RESPECT OF GROUND NOS 2 TO 6. 4. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESS EE IS PARTLY ALLOWED, SUBJECT TO OBSERVATIONS ABOVE. DECISION PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF SEPTEMBER, 2011. SD/- SD/- (I C SUDHIR) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER PUNE: DATED: 30 TH SEPTEMBER, 2011 B COPY OF THE ORDER IS FORWARDED TO : 1. CROSS OBJECTOR 2. RESPONDENT 3. THE CIT(A) KOLHAPUR 4. THE CIT, KOLHAPUR 5. THE D.R, B BENCH, PUNE 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, PUNE BENCHES, PUNE 3