Rajlaxmi Urban Co-Op. Bank Ltd., Nashik V. ACIT, Nashik

ITA 1534/PUN/2008

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 6088 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-05-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 28-11-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMARINDER KUMAR
• Assessee Lawyers: V L JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV (JM) AND SHRI D. KARUNAKARA RAO (AM) ITA NO. 1534/PN/2008 (ASSTT.YEAR 2005-06) RAJLAXMI URBAN CO-OP BANK LTD. 1 ST FLOOR, SPACE COSMOS OLD AGRA ROAD, ASHOK STAMBH, NASHIK 422001. PAN : AAFFR3676N . APPELLANT V. ASTT.COMMISSIONER OF INCOME TAX, CIRCLE 1, NASHIK . RESPONDENT ASSESSEE BY: SHRI V.L. JAIN DEPARTMENT BY: SHRI AMARINDER KUMAR ORDER PER SHAILENDRA KUMAR YADAV, JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A)-I, NASHIK ON THE FOLLOWING GROUNDS : 1. THE LEARNED CIT(A) ERRED IN DISMISSAL THE APPEA L FOR NON ATTENDANCE. 2. THE LEARNED CIT(A) FURTHER ERRED IN NOT CONSIDER ING THE APPEAL ON MERITS AND INDIRECTLY CONFIRMING THE PENA LTY OF RS.16,98,720/- LEVIED U/S 271(1)(C). 2. AT THE OUTSET OF HEARING, IT WAS POINTED OUT THA T THE APPEAL OF THE ASSESSEE HAS BEEN DISMISSED BY THE CIT(A) BY FOLLOW ING THE DECISION IN THE CASE OF CIT V/S. MULTIPLAN (INDIA) PVT. LTD., 38 I TD 320 (DEL). IT SHOWS THAT THE APPEAL HAS BEEN DISMISSED BY NON-SPEAKING ORDER AT THE BACK OF THE ASSESSEE WHICH IS NOT JUSTIFIED. SO, IN THE IN TEREST OF THE JUSTICE, WE SET ASIDE THE ORDER OF THE CIT(A) AND RESTORE THE I SSUE TO HIS FILE WITH THE DIRECTION TO DECIDE THE SAME AS PER FACTS AND LAW, AFTER PROVIDING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. IT IS PERT INENT TO MENTION HERE PAGE 2 OF 2 ITA NO.1534 PN 2008 RAJLAXMI URBAN CO OP BANK P. LTD. THAT SINCE WE ARE RESTORING THE PRELIMINARY ISSUE , SO WE ARE REFRAINING TO MAKE ANY COMMENT ON THE MERIT OF THE ASSESSEES CAS E AT HAND. 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14TH DAY OF MAY, 2010. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER PUNE DATED THE 14 TH MAY, 2010 COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A)-I,NASHIK 4. CIT- I, NASHIK 5. D.R, A BENCH, PUNE 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE