Shri Naresh Thakurdas Wadhawani, Pune V. DCIT, Cent. Cir.-2(3), Pune

ITA 1478/PUN/2010

• Counselvise Citation: 147824514 RSA 2010
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 30-12-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SINGH
• Assessee Lawyers: V L JAIN
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER I.T.A. NO. 1478/PN/2010 BLOCK PERIOD 1991-92 TO 2001-02 SHRI NARESH T. WADHWANI OFFICE NO. 26-30, 2 ND FLOOR SAI KRUPA BHAVAN, OPP. KSB PUMP, KHARALWADI, PIMPRI PUNE-411 018 PAN AABPW 7203 Q APPELLANT VS. DY. CIT CENT. CIR. 2(3) PUNE RESPONDENT APPELLANT BY: SHRI V.L. JAIN RESPONDENT BY: SHRI SANJAY SINGH ORDER PER SHAILENDRA KUMAR YADAV, JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT-(A) CENTRAL PUNE DATED 28-7-2010 FOR BLOCK PERIOD 1-4-1990 TO 9-11-2000 (A.Y. 1991-92 TO 2001- 02) ON THE GROUND THAT THE CIT(A) ERRED IN TREATING THE AMOUNT OF RS. 30.00 LAKHS UNDER THE DEMAND PRONOTE SIGNED BY THE ASSESSEE AS INCOME OF THE ASSESSEE. 2. AT THE OUTSET OF HEARING, THE LEARNED COUNSEL FO R THE ASSESSEE SUBMITTED THAT THE PRESENT APPEAL ARISES O UT OF THE PROCEEDINGS U/S 158BD READ WITH SECTION 263 OF THE ACT. HOWEVER, THE ORDER PASSED BY THE CIT U/S 263 ON 29- 12-2006 WAS THE SUBJECT MATTER OF APPEAL BEFORE THE TRIBUNAL IN ITA NO. 302-A/PN/2006 AND THE TRIBUNAL VIDE PAGE 2 OF 2 ITA NO. 1 478/PN/2010 NARESH WADHWANI BLOCK PERIOD 1991-92 TO 2001-02 ITS ORDER DATED 30-6-2011 HELD THAT THE ORDER PASSE D BY THE CIT U/S 263 ON 29-12-2006 WAS NOT SUSTAINABLE IN LA W. IN VIEW OF THIS, THE LEARNED COUNSEL SUBMITTED THAT TH E IMPUGNED ORDER OF THE CIT(A) IS RENDERED INFRUCTUOU S. THE LEARNED DR DID NOT DISPUTE THE FACTUAL POSITION. WE FIND THAT THE IMPUGNED ORDER OF THE CIT(A) DATED 28-7-20 10 IS PASSED IN THE MATTER OF PROCEEDINGS U/S 158BD READ WITH SECTION 263 OF THE ACT. FURTHER, THE ORDER PASSED U/S 263 BY THE CIT ON 29-12-2006 WAS HELD TO BE NOT SUSTAIN ABLE IN LAW VIDE DECISION OF CO-ORDINATE BENCH OF THIS TRIB UNAL IN ITA NO. 302-A/2006 DATED 30-6-2011. IN THIS VIEW O F THE MATTER, THE PRESENT APPEAL FILED BY THE ASSESSEE DO ES NOT SURVIVE FOR CONSIDERATION AND THE SAME IS RENDERED AS INFRUCTUOUS. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN ON 25 TH AUGUST 2011. S D/ - (G.S. PANNU) ACCOUNTANT MEMBER S D/ - (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER PUNE DATED THE 25 TH AUGUST 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CENTRAL PUNE 4. CIT(A)- CENTRAL PUNE 4. THE D.R, A BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE