ACIT, Cir.-3(1), Dhule V. Shri Ramrao Sitaram Patil(Indl), Dhule

ITA 452/PUN/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 56622 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1992-1993
• Appeal Filed On: 25-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Keywords: Unexplained investment
• Section: 32; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER ITA NOS. 452 & 453/PN/2010 (ASSTT. YEARS: 1992-93 & 1993-94) ASSISTANT COMMISSIONER OF INCOME TAX , ... APPELLANT CIRCLE 3 (1), PUNE V. SHRI RAMRAO SITARAM PATIL (INDL) RESPONDENT C/O DR. SUBHASH BHAMRE, RAM SURGICAL, 80 FEET ROAD, BADGUJAR PLOT, DHULE PAN : NOT AVAILABLE APPELLANT BY : MS. ANN KAPTHUAMA RESPONDENT BY : SHRI M.K. KULKARNI DATE OF HEARING :15.12.11 DATE OF PRONOUNCEMENT: 23.12.11 ORDER PER I.C. SUDHIR, JM IN THE APPEALS FOR A.YS. 1992-93 AND 1993-94 THE RE VENUE HAS QUESTIONED FIRST APPELLATE ORDER ON THE COMMON GROUND THAT THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION MADE BY THE A.O ( OF RS. 3,00,000/- I N 1992-93 AND RS. 6,00,000/- IN A.Y. 1993-94) ON ACCOUNT OF UNEXPLAINED RECEIPT FRO M FOUR PERSONS, SHOWN IN RESPECT OF SALE OF SHOPS. 2. IN APPEAL FOR A.Y. 1993-94, THE REVENUE HAS QUES TIONED FIRST APPELLATE ORDER ON FURTHER GROUND THAT THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION MADE BY A.O OF RS. 2,12,000 BEING UNEXPLAINED INVESTMENT IN SEEMA OIL MILL. 3. AT THE OUTSET OF HEARING THE LD. A.R POINTED OUT THAT PENDING PRESENT APPEALS THE ASSESSEE HAD APPROACHED FOR SETTLEMENT OF PAYME NT OF TAX DEMAND IN DISPUTE BEFORE THE INCOME TAX SETTLEMENT COMMISSION, WHEREI N VIDE ORDER DATED 16.9.2011 ITAS . NO 452 & 453/PN/2010 SHRI RAMRAO SITARAM PATIL (HUF) A.Y. 92-93 & 93-94 PAGE OF 3 2 UNDER SECTION 245(4) THE COMMISSION HAS SETTLED T HE ISSUE RAISED IN THE ABOVE GROUNDS FOR THE A.YRS. UNDER CONSIDERATION AND COPY OF THE SAID ORDER DATED 16.9.23011 OF THE COMMISSION HAS BEEN FILED IN SUPP ORT. 4. THE LD. D.R DID NOT DISPUTE THE ABOVE SUBMISSION MADE BY THE LD. A.R REGARDING SETTLEMENT O THE DISPUTED DEMAND. 5. HAVING GONE THROUGH THE ORDER DATED 16.9.2011 OF THE SETTLEMENT COMMISSION, WE FIND THAT THE ISSUES RAISED IN THE A BOVE GROUNDS OF THE APPEALS FOR THE A.YS. UNDER CONSIDERATION RELATING TO THE DISPU TED DEMAND HAVE BEEN SETTLED IN THE CASE OF THE ASSESSEE. IN VIEW OF THIS DEVELOPM ENT THE PRESENT APPEALS HAVE BECOME INFRUCTUOUS AND THE SAME ARE ACCORDINGLY DIS MISSED. 6. IN RESULT, APPEALS ARE DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 RD DEC. 2011. . SD/- SD/- ( G.S. PANNU ) ACCOUNTANT MEMBER (I.C. SUDHIR ) JUDICIAL MEMBER PUNE, DATED THE 23 RD DECEMBER 2011 US COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT -I, NASHIK 4. THE CIT(A)-I, NASHIK ITAS . NO 452 & 453/PN/2010 SHRI RAMRAO SITARAM PATIL (HUF) A.Y. 92-93 & 93-94 PAGE OF 3 3 4. THE D.R. B BENCH, PUNE 5. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE