Namdeo Vitthal Khatale, Nashik V. Income-tax Officer, Ward - 1(3), Nashik

ITA 3/PUN/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3697 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 02-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH GAWLI
• Assessee Lawyers: TAUSIF L GALERIA
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.03/PUN/2019 / ASSESSMENT YEAR : 2010-11 NAMDEO VITTHAL KHATALE, AT POST IGATPURI, GAVTHA, TAL. IGATPURI, DIST. NASHIK 422 403 PAN : BLVPK6644R VS. ITO, WARD -1(3), NASHIK (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-1, NASHIK ON 14-11-2018 IN RELATION TO THE ASSESSMENT YEAR 2010-11. 2. IT IS NOTICED THAT THE ASSESSMENT OF THE ASSESSEE WAS TAKEN UP AND CERTAIN NOTICES WERE ISSUED. IN THE ABSENC E OF ANY COMPLIANCE BY THE ASSESSEE, THE ASSESSING OFFICER DETERMINED THE LONG TERM CAPITAL GAIN AT APPELLANT BY SHRI TAUSIF L. GALERIA RESPONDENT BY SHRI RAJESH GAWLI DATE OF HEARING 20-02-2019 DATE OF PRONOUNCEMENT 21-02-2019 ITA NO.03/PUN/2019 NAMDEO VITTHAL KHATALE 2 RS.12,50,000/- BY MEANS OF AN ASSESSMENT COMPLETED U/S 144 OF THE ACT. THE FIRST APPEAL FILED BY THE ASSESSEE CAME TO BE DISMISSED. 3. I HAVE HEARD BOTH THE SIDES AND PERUSED THE RE LEVANT MATERIAL ON RECORD. THE REASONS GIVEN BY THE LD. AR, WHICH LED TO THE PASSING OF ASSESSMENT ORDER EX PARTE, HAVE BEEN GONE INTO. I AM SATISFIED WITH THE SAME. IN MY CONSIDERED OPINION , THE ENDS OF JUSTICE WOULD MEET ADEQUATELY IF THE IMPUGNED ORDER IS SET-ASIDE AND THE MATTER IS RESTORED TO THE FILE OF A O. I ORDER ACCORDINGLY AND DIRECT HIM TO FRAME THE ASSESSMENT AFRESH AS PER LAW AFTER ALLOWING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST FEBRUARY, 2019 SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 21 ST FEBRUARY, 2019 ITA NO.03/PUN/2019 NAMDEO VITTHAL KHATALE 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, NASHIK 4. THE PR. CIT-1, NASHIK 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 20-02-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 20-02-2019 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *