Ganesh Agro Steel Inds, V. ITO,

ITA 1034/PUN/2008

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3312 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 01-08-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHAY DAMLE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JM AND SHRI D. KARUNAKARA RAO, AM I.T.A. NO. 1034/PN/2008: A.Y. 2005-06 GANESH AGRO STEEL INDUSTRIES 23 KHARBANDA PARK, DWARKA NASIK PAN AACFG 1365 N APPELLANT VS. I.T.O. WARD 1(2) NASIK RESPONDENT I.T.A. NO. 1035/PN/2008: A.Y. 2005-06 I.T.O. WARD 1(2) NASIK APPELLANT VS. GANESH AGRO STEEL INDUSTRIES 23 KHARBANDA PARK, DWARKA NASIK PAN AACFG 1365 N RESPONDENT ASSESSEE BY : SHRI NIKHIL PATHAK DEPARTMENT BY: SHRI ABHAY DAMLE ORDER PER SHAILENDRA KUMAR YADAV, JM BOTH THESE CROSS APPEALS PERTAINING TO THE SAME AS SESSEE ARE DIRECTED AGAINST THE ORDER OF THE CIT(A)-I NASI K DATED 6-6- 2008 FOR A.Y. 2005-06. 2. WE FIND THAT CERTAIN ADDITIONS HAVE BEEN MADE ON THE BASIS OF ACTION BY THE CENTRAL EXCISE AND CUSTOMS ITA NO. 1034 & 1035/PN/2008 GANESH AGRO STEEL A.Y. 2005-06 , 2 DEPARTMENT. NEITHER PARTY WAS IN A POSITION TO THR OW LIGHT WITH REGARDS TO FINAL OUTCOME IN ASSESSEES CASE IN CENTRAL EXCISE AND CUSTOMS PROCEEDINGS WHICH IS THE BASIS F OR THE CASE BEFORE US. SO, IN THE INTEREST OF JUSTICE, WE RESTORE THE MATTER TO THE FILE OF THE A.O WITH A DIRECTION TO D ECIDE THE SAME AS PER FACT AND LAW INCLUDING FINAL OUTCOME IN CENT RAL EXCISE AND CUSTOMS PROCEEDINGS DISCUSSED ABOVE. SINCE WE ARE RESTORING THE MATTER TO THE FILE OF THE A.O ON TECH NICAL GROUND, WE ARE REFRAINED TO COMMENT ON THE MERITS OF THE IS SUES ON HAND. 3. IN THE RESULT, BOTH THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 21 ST SEPTEMBER 2010. SD/- SD/- (D. KARUNAKARA RAO) (SHAILENDRAKUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE,DATED THE 21 ST SEPTEMBER 2010 ANKAM COPY FORWARDED TO: (1) ASSESSEE (2) DEPARTMENT (3) CIT- I NASIK (4) CIT(A)-I NASIK (5) THE D.R. A' BENCH, PUNE TRUE COPY BY ORDER, ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, PUNE BENCHES, PUNE ITA NO. 1034 & 1035/PN/2008 GANESH AGRO STEEL A.Y. 2005-06 , 3