More Bapu Bhagwan, Karad V. ITO, Wd-3, Satara, Satara

MA 163/PUN/2010

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9553 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 03-06-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 25-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAIENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER MA NO. 163/PN/2010 (ARISING OUT OF ITA NO.1302/PN/2004 (ASSESSMENT YEAR 2001-02) MORE BAPU BHAGWAN .. APPLICANT KARAD, DIST : SATARA PAN NO. ACAPM 3130D VS. INCOME TAX OFFICER, WARD-3, SATARA. .. RESPONDENT APPLICANT BY : SRI M.K. KULKARNI RESPONDENT BY : MS. ANN KAPTHUAMA DATE OF HEARING : 23-11-2012 DATE OF PRONOUNCEMENT : 23-11-2012 ORDER PER R.K. PANDA, AM : THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECTIFY CERTAIN MISTAKES THAT HAVE CREPT IN THE ORDER OF THE TRIBUNAL. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING T O THE MISCELLANEOUS APPLICATION SUBMITTED THAT THE ISSUE BEFORE THE TRI BUNAL WAS EXEMPTION U/S.10(10C), I.E, TAXABILITY OF BENEFIT RECEIVED UN DER VRS TO BE INCLUDED IN THE TOTAL INCOME OR NOT. THE ISSUE HAS BEEN DECIDED AGAINST THE ASSESSEE BY THE TRIBUNAL. THE ISSUE HAS NOW BEEN DECIDED IN FAVOUR OF THE ASS ESSEE BY THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. KOODATHIL KALLYATAN AM BUJAKSHAN REPORTED IN 219 CTR 80. HE SUBMITTED THAT THE TRIBUNAL VIDE CONSOL IDATED ORDER DATED 20-04-2005 IN CASE OF 42 ASSESSEES HAS DECIDED THE APPEAL AND HAS DISMISSED THE APPEALS FILED BY THE 42 ASSESSEES WHICH INCLUDES THE ASSESSEE ALS O. REFERRING TO THE ORDER OF THE TRIBUNAL DATED 08-10-2010 HE SUBMITTED THAT MISCELL ANEOUS APPLICATIONS FILED BY 2 23 ASSESSEES HAVE BEEN RECALLED. SIMILARLY ANOTHER BATCH OF 17 APPEALS WERE ALSO RECALLED ON THE SAME DAY. HOWEVER, SINCE THE ASSES SEES MISCELLANEOUS APPLICATION FOLDER WAS NOT TRACEABLE THE SAME COULD NOT BE ADJUDICATED AT THAT TIME. HE SUBMITTED THAT THIS BEING A COVERED MATTER IN FA VOUR OF THE ASSESSEE THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE SHO ULD BE ALLOWED IN THE LIGHT OF THE ORDER OF THE TRIBUNAL IN CASE OF OTHER 40 ASSES SEES. 3. THE LEARNED DR ON THE OTHER HAND FAIRLY CONCEDED THAT THE TRIBUNAL HAS RECALLED THE ORDER IN CASE OF 40 ASSESSEES. 4. AFTER HEARING BOTH SIDES, WE FIND THE TRIBUNAL I N CASE OF 23 ASSESSEES VIDE ORDER DATED 08-10-2010 HAS RECALLED THE ORDER OF TH E TRIBUNAL BY HOLDING AS UNDER : 3. IN THIS BACKGROUND, IT WAS SUBMITTED THAT AT TH E STRENGTH OF DECISION OF HIGH COURT, ORDER OF ITAT MAY BE MODIFIED, RECTIFIED OR RECALLED. SINCE IN ALL THESE APPLICATIONS, SIMILAR GRIEVANCE HAS BEEN SHOWN, THE SE HAVE BEEN HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLIDATED ORDER. THE H ONBLE BOMBAY HIGH COURT IN THE CASE OF KOODATHIL KALLYATAN AMBUJAKSHAN (SUPRA) HAS DECI DED THE ISSUE (WITH REGARDS TO TAXABILITY OF BENEFITS RECEIVED UNDER VRS SCHEME) I N FAVOUR OF THE ASSESSEE. AS PER JUDGMENT OF HONBLE SUPREME COURT IN THE CASE OF AS ST. CIT VS. SURASHTRA KUTCH STOCK EXCHANGE LTD. (2008) 219 CTR (SC) 90 THE ORDER OF T HE TRIBUNAL CAN BE RECTIFIED BY SUBSEQUENT DECISION OF HONBLE JURISDICTIONAL HIGH COURT ON THIS ISSUE. NOTHING CONTRARY HAS BEEN BROUGHT TO OUR NOTICE ON BEHALF O F THE REVENUE. IN VIEW OF THIS, WE RECALL OUR ORDERS IN ITA NO.1232/PN/2004 ETC. DATED 20-04-2005 AND DIRECT THE REGISTRY TO FIX THESE MATTERS ON 29-10-2010. THE REGISTRY I S DIRECTLY ACCORDINGLY. 5. SIMILARLY, ON THE BASIS OF SAME LOGIC ANOTHER 17 MISCELLANEOUS APPLICATIONS WERE ALSO ALLOWED ON THE SAME DAY. 6. SINCE THE TRIBUNAL IN THE CONSOLIDATED ORDER OF 42 ASSESSEES HAS DISMISSED THE APPEALS OUT OF WHICH 40 APPEALS HAVE BEEN RECAL LED, THEREFORE, FOLLOWING THE REASONINGS GIVEN BY THE COORDINATE BENCHES OF THE T RIBUNAL IN CASE OF 40 ASSESSEES WE RECALL THE ORDER OF THE TRIBUNAL IN THE CASE OF THE ASSESSEE. THE APPEAL IS FIXED FOR HEARING TODAY ITSELF WHICH WAS ANNOUNCED IN THE OPEN COURT. 3 7. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF ON THIS THE 23RD DAY OF NOVEMBER 2012. SD/- SD/- (SHAILENDRA KUMAR YADAV) (R.K . PANDA) JUDICIAL MEMBER ACCOUNTANT MEMB ER PUNE, DATED THE 23 RD NOVEMBER 2012 SATISH COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE 2. DEPARTMENT 3. CIT(A)-II, PUNE 4. D.R. A BENCH, PUNE 5. GUARD FILE BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE