Income-tax Officer, Pune V. Vijay Siddheshwar Jog, Pune

MA 138/PUN/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1208 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 11-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKUNDRAJ M CHATE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE: SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER MA NO. 1 3 8 / PN/201 3 (ARISING OUT OF ITA NO . 1461/ P N/ 20 1 1 ) ASSESSMENT YEAR : 200 8 - 09 IT O, WARD - 7 ( 2 ), PUNE VS. VIJAY SIDDHESHWAR JOG, SHRINIVAS, NEAR 11 TH LANE, SHAHU COLONY CORNER, KARVE NAGAR, PUNE (APPELLANT) (RESPONDENT) PAN NO. AAXPJ1705C APPELLANT BY: SHRI MUKUNDRAJ M. CHATE RESPONDENT BY: SHRI M.K. KULKARNI DATE OF HEARING : 11 - 10 - 2013 DATE OF PRONOUNCEMENT : 25 - 10 - 2 013 ORDER P ER R.S. PADVEKAR , JM : - TH IS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE FOR THE A.Y. 2008 - 09 U/S. 254(2) OF THE INCOME - TAX ACT , STATING THAT THERE IS A MISTAKE IN THE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 1461 /PN/2011 ORDER DATED 21 - 11 - 2012 . IT IS STATED IN THE APPLICATION THAT THE ASSESSEE WAS EMPLOYEE OF THE STATE BANK OF INDIA AND WHO OPTED FOR THE VRS AND CLAIMED THE EXEMPTION U/S. 10(10C) OF THE INCOME - TAX ACT IN RESPECT OF EX - GRAT IA PAYMENT RECEIVED ON VOLUNTARY RETIREMENT UNDER THE EXIT OPTION SCHEME. 2. THE ASSESSING OFFICER HAS DENIED THE CLAIM OF THE ASSESSEE MADE U/S. 10(10C) OF THE ACT WHICH WAS ALSO CONFIRMED BY THE LD. CIT(A), PUNE. THE TRIBUNAL ALLOWED THE ASSESSEES A PPEAL AND DIRECTED THE ASSESSING OFFICER TO ALLOW THE CLAIM OF THE ASSESSEE. IT IS STATED THAT IN THE CASE OF THE SHRI JAGDISH R. EKTARE A.Y. 2007 - 08 , T HE SIMILAR ISSUE HAS COME BEFORE ITA T, HON'BLE ( B BENCH ) , PUNE AND HON'BLE ITAT SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER WITH DIRECTIONS TO EXAMINE THE MATTER AFRESH WITH REGARD TO THE COMPLIANCE WITH GUIDELINE N O. (III) AND (IV) OF RULE 2BA. IT 2 M.A. NO. 1 3 8 /PN/201 3 , VIJAY SIDDHESHWAR JOG, PUNE IS PLEADED IN THE APPLICATION THAT THE ORDER OF TH IS TRIBUNAL IN ITA NO. 1 461 /PN/2011 DATED 21 - 11 - 2012 MAY BE RECALLED. 3. WE HAVE HEARD THE PARTIES. WE FIND NO MERIT IN THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE. WE HAVE PERUSED THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO. 1 461 /PN/2011 . W E FIND THAT THE TRIBUNAL H AS FOLLOWED THE DECISION OF THE HON'BLE JURISDICTION HIGH COURT AND ALLOWED THE ASSESSEES APPEAL. THE REVENUE IN THE PRETEXT OF RECTIFICATION APPLICATION SEEKING REVIEW OF THE ORDER OF THIS TRIBUNAL WHICH IS NOT PERMISSIBLE IN THE PROCEEDINGS U/S. 254(2) OF THE ACT. 4 . IN THE RESULT, THE REVENUES MISCELLANEOUS APPLICATION IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 25 - 10 - 2013 SD/ - SD/ - ( G . S . PAN NU ) ( R.S. PADVEKAR ) ACCOUNTANT MEMBER JUDICIAL MEMBER RK /PS PUNE , DATED : 25 TH OCTOBER, 20 1 3 COPY TO 1 DEPARTMENT 2 ASSESSEE 3 THE CIT(A) - III, PUNE 4 THE CIT - III, PUNE 5 THE DR, ITAT, B BENCH, PUNE . 6 GUARD FILE. //TRUE COPY// BY ORDER PRIVATE SEC RETARY INCOME TAX APPELLATE TRIBUNAL , PUNE