ACIT, Pune V. Shri T.J. Naik, Pune

ITA 1445/PUN/2009

• Counselvise Citation: 144524514 RSA 2009
• Duration Of Justice: 1 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 16-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Assessee Lawyers: SATEESH MANMOHAN
• Section: 143(3)

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 ITA NO 1445/PN/09 (ASST.YEAR 2006-07) ASSTT.COMMISSIONER OF INCOME-TAX, CIR. 5, PUNE .. APPELLANT VS. SHRI TUKARAM J. NAIK, PROP. T.J. NAIK & CO. NEAR FOREST COLONY, .. RESPONDENT SHALIMAR CHOWK, DAUND, PUNE PAN ABMPN 1377L APPELLANT BY : SMT ANN KAPTHUAMA RESPONDENT BY : SHRI SATEESH MANMOHAN ORDER PER G.S.PANNU, A.M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE OR DER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS)-III, PUNE WHICH, IN TURN, HAS ARISEN FROM THE ORDER DATED 11.12.2008 PASSED BY THE ASSESSING OFFICER PASSED UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT TH E ACT) FOR THE ASSESSMENT YEAR 2006-07. 2. THE ISSUE RAISED BY THE REVENUE IN THIS APPEAL RELAT ES TO THE DELETION BY THE COMMISSIONER OF INCOME-TAX (APPEALS) OF THE ADDITIO N OF RS 73,93,979/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF CLOSING WORK-IN- PROGRESS. BEFORE US, IT WAS A COMMON POINT BETWEEN THE PARTIES THAT THE ISSUE INVOLVED IN THIS REVENUES APPEAL HAS BEEN THE SUBJECT-MATTER OF CONSIDER ATION BEFORE OUR CO- ORDINATE BENCH IN THE ASSESSEES OWN CASE FOR PRECEDING ASSESSM ENT YEARS AND, THE TRIBUNAL BY ORDER DATED 31.05.2011 ITA NOS 1697/ PN/05, 280, 278, 279 & 1160/PN/07 PERTAINING TO THE ASSESSMENT YEARS 2001-02, 2003-04, 2000-01, 2002-03 AND 2004-06, HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE AND 2 AGAINST THE REVENUE. FOR THE DETAILED REASONS GIVEN T HEREIN, AND ON THE PARITY OF REASONING, WE HEREBY AFFIRM THE ORDER OF THE COMMISSIO NER OF INCOME-TAX (APPEALS). THE GROUND OF APPEAL OF REVENUE THUS FAI LS. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSE D. DECISION PRONOUNCED IN THE OPEN COURT ON THIS 7TH DAY OF JULY, 2011. SD/- SD/- (I.C. SUDHIR) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER PUNE: DATED: 7 TH JULY, 2011 B COPY OF THE ORDER IS FORWARDED TO : 1. SHRI T J NAIK, PUNE 2. THE ACIT CIR. 5, PUNE 3. THE CIT(A)-III PUNE 4. THE CIT-III, PUNE 5. THE D.R, B BENCH, PUNE TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, PUNE BENCHES, PUNE