Asst. Commissioner of Income Tax, Circle-1, Belgaum, Belgaum V. Dr. Prabhu C. Halkatti., Belgaum

MA 22/PAN/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4590 (ITAT-PANAJI)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 22-07-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 11-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANAND S MARATHA LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI NARENDRA S. SAINI, HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER M A NO 22 /PAN/2015 : (ASST. YEAR : 2007 - 08 ) (ARISING OUT OF ITA 138 /PNJ/2014 , A.Y. 2007 - 08 ) ACIT , CIRCLE - 1 , VS. DR. PRABHU C. HALKATTI , BELGAUM . PA R VATI COMPLEX, GONDHALI GALLI , BELGAUM 5 90 001 PAN : AAJPH5200J (APPELLANT) (RESPONDENT) APPELL ANT BY : SHRI ANAND S. MARATHA , LD. D.R. RESPONDE NT BY : (WRITTEN SUBMISSION) DATE OF HEARING : 22 /07/2016 DATE OF ORDER : 22 /07/2016 O R D E R PER GEORGE MATHAN - J M : THIS IS MA FILED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL IN ITA. NO . ITA 138/PNJ/2014 , DATED 14/11 /2014 FOR A. Y. 2007 - 08. SHRI ANAND S MARATHE WAS P RESENT ON BEHALF OF THE REVENUE AND ASSESSEE COUNSEL FILED WRITTEN SUBMISSION ON BEHALF OF THE ASSESSEE. IT WAS SUBMITTED BY THE LD. DR ON BEHALF OF THE REVENUE THAT HE VEHEMENTLY SUPPORTED THE MA FILED BY THE REVENUE. THE APPEAL OF THE REVENUE HAD BEEN DISMISSED WITHOUT GRANTING T HE REVENUE THE LIBERTY TO REQUEST FOR RECALL THE APPEA L I N THE EVENT THE ISSUE OF TAX EFFECT IS REVERSED. IN REPLY , IN THE W RITTEN SUBMISSION THE ASSESSEE SUPPORTED THE ORDER OF THE TRIBUNAL. IT WAS THE SUBMISSION THAT NO ERROR HAD BEEN POINTED OUT FROM THE ORDER OF THE TRIBUNAL WHICH WAS APPARENT FROM THE RECORD. - 2 - WE HAVE CONSIDERED THE RIVAL SUBMISSION . AS THE REVENUE HAS NOT BEEN ABLE TO POINT OUT ANY SPECIFIC ERROR IN THE ORDER OF THE TRIBUNAL WHICH IS APPARENT FROM THE RECORD WE ARE NOT INCLINED TO INTERFERE IN THE SAME. IN THE RESULT THE MA FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22.07 .2016. SD/ - (NARENDRA S. SAINI) ACCOUNTANT MEMBER SD/ - (GEORGE MATHAN) JUDICIAL MEMBER PLACE : PANAJI - GOA DATED : 22/07 /2016 *NANU * COPY TO : (1) APPELLANT (2) RESPONDENT (3) CIT CONCERNED (4) CIT(A) CONCERNED (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER ASSISTANT REGISTRAR ITAT, PANAJI BENCH, PANAJI