ITO, Bangalore V. Dr. P. Gopinath, Bangalore

ITA 590/BANG/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 2008 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2009
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-12-2009
• Assessment Year: 2006-2007
• Appeal Filed On: 09-06-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JACINTA ZINIK VASHAI
• Section: 2

Judgement Text

ITA.590/B/09 PAGE - 1 IN THE INCOME-TAX APPELLATE TRIBUNAL BANGALORE BENCH 'A' BEFORE SHRI. K. P. T. THANGAL, VICE PRESIDENT AND SHRI. N. L. KALRA, ACCOUNTANT MEMBER I.T.A.NO.590/BANG/2009 (ASSESSMENT YEAR : 2006-07 ) INCOME TAX OFFICER, WARD -15(1), BANGALORE .. APPELLANT V. DR. R. GOPINATH, 358 'SRINIVASA', 3RD CROSS ROAD, I PHASE, GIRINAGAR, BANGALORE 560 085 .. RESPONDENT APPELLANT BY : SMT. JACINTA ZINIK VASHAI RESPONDENT BY : NONE O R D E R PER K. P. T. THANGAL, VICE PRESIDENT : THIS APPEAL BY THE ASSESSEE IS FOR THE ASSESSMENT Y EAR 2006- 07. 2. THIS APPEAL IS AGAINST THE ORDER OF THE COMMISSI ONER OF INCOME-TAX(A) DELETING THE ADDITION MADE BY THE ASS ESSING OFFICER DENYING ASSESSEE'S CLAIM OF EXEMPTION U/S.54F. THE EXEMPTION WAS DENIED BY THE ASSESSING OFFICER FOR THE REASON THAT ASSESSEE HAD NOT DEPOSITED THE SALE CONSIDERATION BEFORE THE TIME LI MIT FOR FILING THE ITA.590/B/09 PAGE - 2 RETURN U/S.139(4). THE MATTER WAS CARRIED BEFORE T HE COMMISSIONER OF INCOME-TAX(A). 3. FOLLOWING THE DECISION OF THE TRIBUNAL IN NIPUN MEHROTRA V. ACIT (2008) 297 ITR 110, THE CLAIM OF THE ASSESSEE WAS ALLOWED BY THE COMMISSIONER OF INCOME-TAX(A). THE ASSESSEE IS OBJECTING ON THE GROUND THAT THE COMMISSIONER OF INCOME-TAX(A) FAILE D TO APPRECIATE THE FACTS IN THAT CASE. WHEN THE MATTER WAS TAKEN UP FOR HEARING, ASSESSEE VIDE LETTER DT.27.8.09 CONCEDED THAT THE I SSUE IS TO BE DECIDED IN REVENUE'S FAVOUR AND, THEREFORE, THE ASSESSEE IS NOT INTERESTED IN CONTESTING THE APPEAL. 4. IN THE LIGHT OF THE ABOVE SUBMISSION, APPEAL BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 11TH DA Y OF DECEMBER, 2009. SD/- SD- (N. L. KALRA) (K. P. T. THANGAL) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE DATED : 11TH DECEMBER, 2009 MCN* COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, NEW DELHI 7. GF, ITAT, BANGALORE