Shri Babulal F. Soni, Pune V. DCIT Cir. 1(2), Pune

ITA 768/PUN/2004

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7663 (ITAT-PUNE)
• Duration Of Justice: 6 year(s) 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 14-05-2004
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARESHWAR SHARMA
• Keywords: Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI I.C. SUDHIR AND SHRI D. KARUNAKARA RAO ITA NO. 768/PN/04 BLOCK ASSESSMENT 1988-89 TO 1998-99 SHRI BABULAL F. SONI 1582, BHIMPURA GALLI NO. 16/17, CENTRE STREET, PUNE-411001 PAN NO. AHOPS2277C .... APPELLANT VS. DY.CIT CIRCLE-1(2), PUNE . RESPONDENT APPELLANT BY : SHRI M.K. KULKARNI RESPONDENT BY : SHRI HARESHWAR SHARMA ORDER PER D. KARUNAKARA RAO AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE CIT(A)-II, PUNE DATED 09/03/2004 FOR THE BLOCK ASSESSMENT YEAR 1 988-89 TO 1998-99. 2. AT THE VERY OUTSET, BOTH THE PARTIES HAVE MENTIONE D THAT THE LEGAL ISSUE IN THIS CASE IS IDENTICAL TO THE ONE DECIDED BY THE TRIBUNAL IN THE CASE OF JETHMAL F. SONI IN ITA NO. 748/PN/06. IN SHORT, LD. COUNSEL MENTIONED THAT THE LEGAL ISSUE RAISED BY THE ASSESSEE RELATES TO WHETHER BLOCK ASSES SMENT IS MADE VALIDLY AND WITHIN THE PERMITTED TIME OR NOT. IN THIS REGARD, L D. COUNSEL TOOK US THROUGH IMPORTANT PARAGRAPHS OF OUR ORDER DATED 10-08-2010 IN THE ABOVE REFERRED APPEAL. ON FINDING THAT THE FACTS ARE COMPARABLE, TH E DECISION OF THE TRIBUNAL IN THE CASE OF JETHMAL F. SONI HAS AN APPLICATION TO T HE FACTS OF INSTANT CASE. THEREFORE AFTER HEARING THE PARTIES WE ARE OF THE CONSIDE RED VIEW THAT THE ISSUE RAISED IN THE GROUNDS OR ADDITIONAL GROUNDS SHOULD BE RE FERRED TO THE FILES OF THE A.O FOR DECIDING THE ISSUE STRICTLY IN ACCORDANCE WITH OUR ORDER DATED 10-08-2010 IN THE CASE OF JETHMAL F. SONI (SUPRA). THE ASSESSEE IS DIRECTED TO FILE A COPY OF ITA NO. 768/PN/04 BLOCK ASSESSMENT 1988-89 TO 1998-99 PAGE 2 OF 2 THE SAID ORDER BEFORE THE A.O AND EXPLAIN AS TO HOW TH E FACTS ARE HOMOLOGOUS AND THE SAID DECISION IS APPLICABLE TO THE FACTS OF THE IMPUGNED APPEAL. A.O IS DIRECTED TO EXAMINE HOMOLOGY OF FACTS AND DECIDE THE ISSUE STRICTLY IN ACCORDANCE WITH OUR DECISION IN THE CASE OF JETHMAL F. SONI (SU PRA). 3. THE A.O SHALL GRANT REASONABLE OPPORTUNITY OF BEIN G HEARD TO THE ASSESSEE IN THIS REGARD. ACCORDINGLY, MATTER IS SET ASIDE TO THE FILES OF THE A.O. 4. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH DAY OF JANUARY, 2011. SD/- SD/- (I.C. SUDHIR) (D.KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 19 TH JANUARY, 2011 R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. DCIT, CIRCLE-1(2), PUNE 3. CIT(A)-II, PUNE 4. CIT-II, PUNE 5. D.R. ITAT A BENCH PUNE BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE