Ratanshi D. Patel, Raigad V. Assistant Commissioner of Income-tax Officer,

MA 10/PUN/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1933 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-04-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 20-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MODI
• Assessee Lawyers: S N DOSHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER , AND SHRI G.S. PANNU, ACCOUNTANT MEMBER. M.A NOS.10 AND 11/PN/2014 ARISING OUT OF ITA NO. 829/PN/2010 & 454/PN/2010 (ASST. YEARS : 2005-06 AND 2006-07) SHRI RATANSHI D. PATEL, KRISHNA NIWAS, NEAR VIRESHWAR TEMPLE, MAHAD, RAIGAD-402301 PAN NO.AATPP5581C .. APPLICANT VS. ACIT, PANVEL CIRCLE, PANVEL .. RESPONDENT ASSESSEE BY : SHRI S.N. DOSHI REVENUE BY : SHRI A.K. MODI DATE OF HEARING : 21-03-2014 DATE OF PRONOUNCEMENT : 02-04-2014 ORDER PER SHAILENDRA KUMAR YADAV, JM: THE ASSESSEE THROUGH THE ABOVE MISCELLANEOUS APPLIC ATIONS INTER ALIA, SUBMITTED THAT THERE IS APPARENT MISTAK E WITH REGARDS TO FINDING OF TRIBUNAL THAT THERE WAS NO PHYSICAL D ELIVERY OF SHARES. ACCORDING TO THE LD. AUTHORISED REPRESENTA TIVE MATTER IS THAT SALE AND PURCHASE OF SHARES WERE DELIVERY B ASED AND NON CONSIDERATION OF THIS FACTUAL ASPECT AMOUNTS TO MIS TAKE APPARENT FROM RECORD. 2. IN VIEW OF THE ABOVE, WE IN THE INTEREST OF JUST ICE, RECALL OUR ORDER DATED 31-10-2012 AND THE REGISTRY IS DIRECTED TO FIX THE MATTER ON 26-06-2014 FOR DENOVO HEARING OF THE ISSU E. IT IS PERTINENT TO MENTION HERE THAT WE ARE RECALLING OUR IMPUGNED 2 ORDER IN BOTH THE ASSESSMENT YEARS WHICH HAS NO BEA RING ON MERIT OF THE ISSUE AT HAND. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE ASSESSEE ARE DISPOSED OF AS INDICATED ABOVE PRONOUNCED IN THE OPEN COURT ON THIS THE DAY OF 2 ND APRIL, 2014. SD/- SD/- (G.S. PANNU) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMB ER SATISH/GCVSR PUNE, DATED 2 ND APRIL, 2014. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE DEPARTMENT 3. THE CIT(A)-I, THANE 4. THE CIT-I, THANE 4. THE DR A BENCH, PUNE. 5. GUARD FILE BY ORDER //TRUE COPY// SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.