Kantilal Mishrilal Lunkad, Nashik V. Dy. Comm of Income-tax, Malegaon

CO 7/PUN/2004

• Counselvise Citation: [2011] 122 COUNSELVISE.COM (IT) 6682 (ITAT-PUNE)
• Duration Of Justice: 7 year(s) 9 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-10-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 12-01-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Block assessment
• Section: 263; 63

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI I.C. SUDHIR (JM) AND SHRI G.S. PANNU (AM) CROSS OBJECTION NO. 7/PN/2004 (ARISING OUT OF ITA NO. 544/PN/03) (BLOCK YEAR ENDING ON 29-7-99) KANTILAL MISHRILAL LUNKAD , ... CROSS OBJECTOR MARKET YARD, SATARA, DIST. NASHIK, PAN : NOT AVAILABLE V. DY. COMMISSIONER OF INCOME TAX RESPONDENT CIRCLE 3, MALEGAON CROSS OBJECTION NO. 8/PN/2004 (ARISING OUT OF I TA NO. 545/PN/03 ) (BLOCK YEAR ENDI NG ON 29-7-99) SANDEEP MISHRILAL LUNKAD, ... CROSS OBJECTOR MARKET YARD, SATARA, DIST. NASHIK, PAN : NOT AVAILABLE V. DY. COMMISSIONER OF INCOME TAX RESPONDENT CIRCLE 3, MALEGAON CROSS OBJECTOR BY : NONE (AR) RESPONDENT BY : MS. NEERA MALHOTRA (DR) DATE OF HEARING :27.9.11 DATE OF PRONOUNCEMENT: 21.10.11 ORDER PER I.C. SUDHIR, JM IN THESE CROSS OBJECTIONS, THE ASSESSEE HAS QUEST IONED THE LEVY OF SURCHARGE ON THE TAX PAYABLE ON THE UNDISCLOSED INC OME AS DETERMINED IN THE BLOCK ASSESSMENT. 2. HAVING GONE THROUGH THE RECORDS, WE FIND THAT TH E REVENUE HAD PREFERRED APPEALS BEFORE THE TRIBUNAL AGAINST THE FIRST APPEL LATE ORDER GIVING RELIEF TO THE C.O. NOS. 7 & 8/PN/04 KANTILAL M LUNKAD & SANDEEP M. LUNKAD B.P. ENDING 29.7.99 PAGE OF 2 2 ASSESSEES AGAINST THE ASSESSMENT U/S. 158BC (C) IN CONSEQUENCE OF ORDER PASSED U/S. 263 OF THE ACT. WE FIND THAT THE APPEALS I.E. ITA NOS. 544 & 545/PN/2003 FROM WHICH PRESENT CROSS OBJECTIONS ARE ARISING HAV E ALREADY BEEN DISMISSED BY THE TRIBUNAL VIDE ITS ORDER DATED 10 TH MARCH 2006 WITH THIS FINDING THAT SINCE THE VERY BASIS OF RE-FRAMING OF ASSESSMENT I.E. ORDER U/S. 2 63 HAS ALREADY BEEN QUASHED, HENCE CONSEQUENTIAL ORDER THEREUPON DO NOT SURVIVE. UNDER THESE CIRCUMSTANCES, WE COME TO THE CONCLUSION THAT PRESENT CROSS OBJEC TIONS QUESTIONING LEVY OF SURCHARGE IN THE FIRST APPELLATE ORDER PASSED AGAI NST THE ASSESSMENT FRAMED U/S. 158BC(C ) R.W.S. 263 OF THE ACT HAS BECOME INFRUCTU OUS. THE CROSS OBJECTIONS ARE ACCORDINGLY DISMISSED. 3. IN THE RESULT, CROSS OBJECTIONS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21ST OCTOBE R, 2011 SD/- SD/- ( G.S. PANNU ) ACCOUNTANT MEMBER (I.C. SUDHIR ) JUDICIAL MEMBER PUNE, DATED THE 21ST OCTOBER, 2011 US COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT -II, NASHIK 4. THE CIT(A)I-I, NASHIK 5. THE D.R. B BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE