ITO, Pune V. Anil V. Jabade (HUF), Pune

ITA 1437/PUN/2004

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3302 (ITAT-PUNE)
• Duration Of Justice: 5 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2000-2001
• Appeal Filed On: 01-10-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABHAY DAMLE
• Assessee Lawyers: K SRINIVASAN
• Keywords: Set aside
• Section: 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH , PUNE BEFORE SHRI I.C. SUDHIR JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO ACCOUNTANT MEMBER ITA NO. 1437/PN/2004 (ASSESSMENT YEAR : 2000-2001) INCOME TAX OFFICER, WARD-5(4), PUNE, APPELLANT VS. ANIL V. JABADE (HUF), RESPONDENT PLOT NO.22, FLAT NO.6 SHRIDHAR RUKMINI RESIDENCY, LAW COLLEGE ROAD, PUNE 411004 PAN : NOT AVAILABLE APPELLANT BY : SHRI ABHAY DAMLE RESPONDENT BY : SHRI K. SRINIVASAN ORDER PER D KARUNAKARA RAO AM THIS IS A RECALLED MATTER AND IT IS SO RECALLED VI DE OUR MA 21/[N/2010 DATED5.5.2010. THIS MA HAS ORIGIN IN THE C.O. NO. 2 6/PN/2007 OF THE ASSESSEE ARISING OUT OF ITA NO. 1437/PN/04, WHEREIN GROUND N O. 2 HAS REMAINED TO BE DEALT WITH. THE SAID GROUND 2 READ AS UNDER: 2. THE LEARNED CIT(A) ERRED IN CONFIRMING DISALL OWANCES OF EXEMPTION U/S. 54 WITHOUT APPRECIATING FACTS AND CI RCUMSTANCES OF THE CASE. 2. DURING THE PROCEEDINGS BEFORE US, BOTH THE PARTI ES HAVE AGREED AFTER DUE DELIBERATIONS, THAT THE SAID GROUND 2 HAS TO GO TO THE FILES OF THE AO AS RELEVANT BASIC PARTICULARS ARE NOT AVAILABLE WITH US. ACCORD INGLY, WE SET ASIDE THIS ISSUE TO THE FILE OF CIT(A) TO DECIDE THE ISSUE AS PER LAW A FTER CONSIDERING THE JUDICIAL DECISION IN THE CASE OF JAGANNATH SINGH LODHA VS. I TO ITA NO. 508/JODHPUR/1999 DT. 15.06.2004 REPORTED IN 85 TTJ (JD) 173 AND ANY OTHER LAW OR CITATION IN FORCE, AFTER GIVING OPPORTUNITY OF B EING HEARD TO THE ASSESSEE. ACCORDINGLY, THE GROUND 2 IS SET SIDE. ORDER PRONOUNCED IN OPEN COURT ON 29TH SEPTEMBER , 2010 SD/- SD/- (I.C. SUDHIR) (D. KARUNAKARA RAO ) JUDICIAL MEMBER ACCOUNTANT ME MBER PUNE DATED THE 29 TH SEPTEMBER , 2010 US ITA 1437/PN/04 ANIL V JABADE (HUF) (A.Y 2000-01 ) . 2 COPY OF THE ORDER IS FORWARDED TO : 1. APPLICANT 2. RESPONDENT 3. CIT(A)-II, PUNE 4. CIT-III PUNE 5. D.R. ITAT B BENCH 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE