Basweshwar Mallikarjun Bidwe, Latur V. Income-tax Officer, Latur

MA 14/PUN/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3526 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-07-2022
• Assessment Year: 2013-2014
• Appeal Filed On: 09-02-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Miscellaneous Application No.14/PUN/2022 (arising out of ITA No.1012/PUN/2017) Assessment Year : 2013-14 Basweshwar Mallikarjun Bidwe, 3 Main Road, Gunj Golal, Latur PAN : BQJPB0773K Vs. ITO, Ward-1, Latur (Applicant) Respondent) Assessee by : Shri Sharad Shah Revenue by : Shri Arvind Desai Date of Hearing : 15.07.2022 Date of Pronouncement : 15.07.2022 ORDER PER R.S.SYAL, VP : This Miscellaneous application has been moved by the assessee against the order dt.05-10-2020 passed by the Tribunal in ITA No.1012/PUN/2017 in relation to the assessment year 2013-14. 2. The factual matrix of the case is that the assesses received a sum of Rs.68,32,020/- as interest u/s.28 of the Land Acquisition Act on compulsory acquisition, which amount was clubbed with the exempt agricultural income. The Assessing M.A.No.14/PUN/2022 Basweshwar Mallikarjun Bidwe 2 Officer (AO) invoked the provisions of section 56(2)(viii) and taxed 50% of the amount. Following the decision of the Hon’ble jurisdictional High Court in Shivajirao S/o Dnyanoba Ghanwat & Ors. Vs. The State of Maharashatra & Ors. (WP No. 5402 of 2013), the Tribunal rejected the claim of the assessee by observing in para 10 that the said decision has not been reversed or modified by the Hon’ble Supreme Court. The assessee has filed this Miscellaneous Application contending that the Hon’ble Gujarat High Court in Movaliya Bhikubhai Balabhai 388 ITR 343 has taken a contrary view and hence, the finding of the Tribunal on this issue be reversed. 3. We do not find any substance in the argument taken up on behalf of the assessee. It is obvious that the Tribunal decided the issue in the light of the judgment of the Hon’ble jurisdictional High Court. Now, the assessee is seeking review of the Tribunal order in the light of the judgment of a non- jurisdictional High Court, which patently is outside the scope of section 254(2) proceedings. We do not find any substance in the Miscellaneous application. M.A.No.14/PUN/2022 Basweshwar Mallikarjun Bidwe 3 4. In the result, the Miscellaneous application is dismissed. Order pronounced in the Open Court on 15 th July, 2022. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pun; दनांक Dated : 15 th July, 2022. Satish आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. आयकर आयु (अपील) / The CIT (Appeals)-2, Aurangabad 4. The Pr. CIT- 2, Aurangabad 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे “A” / DR ‘A’, ITAT, Pune; 6. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune M.A.No.14/PUN/2022 Basweshwar Mallikarjun Bidwe 4 Date 1. Draft dictated on 15-07-2022 Sr.PS 2. Draft placed before author 15-07-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *