Sri K. Gopal Raju, L/R of Late Sri. A S Kuppa Raju, Bangalore V. Income-Tax Officer, Bangalore

ITA 1097/BANG/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9375 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2002-2003
• Appeal Filed On: 27-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARESH SAKA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRI BUNAL BANGALORE BENCH SMC, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO. 1097(BANG) 2016(ASSESSMENT YEAR : 2002 0 3) SRI K. GOPAL RAJU, L/R OF LATE SRI A S KUPPA RAJU, 104, R V LAYOUT, KUMARA PARK WEST, BANGALORE 560020 PAN : AABFM7328Q APPELLANT VS ITO, WARD 6 (2), BANGALORE RESPONDENT ASSESSEE BY :SHRI NARENDRA SHARMA, ADVOCATE REVENUE BY : SHRI NARESH SAKA JCIT DATE OF HEARING : 21-09-2016 DATE OF PRONOUNCEMENT : -09-2016 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE ASSESSEE. THIS IS DIR ECTED AGAINST THE ORDER OF LEARNED CIT (A) 2, BANGALORE DATED 31.03.2016 FOR A. Y. 2 002 03. 2. THE ASSESSEE HAS ONLY ONE GRIEVANCE THAT THE A. O. HAS NOT RECTIFIED THE COMPUTATION OF CAPITAL GAIN U/S 154. 3. LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE OR DER PASSED BY THE A.O. IS NOT A REASONED AND SPEAKING ORDER AND THEREFORE, THE MATT ER SHOULD BE RESTORED TO A.O. FOR PASSING A REASONED AND SPEAKING ORDER. LEARNED DR O F THE REVENUE SUPPORTED THE ORDER OF CIT (A). 4. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERU SED THE MATERIAL ON RECORD. I FIND THAT AS PER THE ORDER PASSED BY THE A.O., THERE IS NO BASIS OR REASONING INDICATED BY HIM FOR HOLDING THAT THERE IS NO MISTAKE APPARENT FROM RECORDS AND HENCE, I FEEL IT PROPER TO RESTORE THE MATTER TO A.O. FOR PASSING A REASONED A ND SPEAKING ORDER. I ORDER ACCORDINGLY. THE A.O. SHOULD PASS A REASONED AND SP EAKING ORDER AS PER LAW AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO TH E ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE: D A T E D : .09.2016 AM* ITA NO. 1097(BANG) 2016 2 COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER, AR, ITAT, BANGALORE 1. DATE OF DICTATION .. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P. S. .. 4 DATE ON WHICH THE ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT .. 5. DATE ON WHICH THE ORDER COMES BACK TO THE SR. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE .. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO . 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER DOES FOR XEROX & ENDORSEMENT . 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. 1 1 THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER. 12 THE DATE ON WHICH THE FILE GOES TO THE DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER 13 DATE OF DISPATCH OF ORDER