Shantabai Krishna Bankar, Pune V. Income-tax Officer, Ward - 8(4), Pune

MA 25/PUN/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8762 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 22-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEEPA HAIRY
• Keywords: Capital Gains
• Section: 201; 139(4); 27

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE , BEFORE MS. SUSHMA CHOWLA, JM M A NO. 22 /P U N/201 9 ARISING OUT OF ITA NO. 617 /P U N/201 8 ASSESS MENT YEAR : 20 1 2 - 1 3 UDDHAV KRISHNA BANKAR, L/H OF LATE SMT. TARABAI K. BANKAR, BANKAR VASTI, MOSHI, PUNE 412 105 PAN : BCSPB6726P . APP LICANT VS. THE INCOME TAX OFFICER, WARD 8(4), PUNE . RESPONDENT MA NO.23/PUN/2019 ARISING OUT OF ITA NO. 61 8 /PUN/2018 ASSESSMENT YEAR : 2012 - 13 PARSHURAM UDDHAV BANKAR, BANKAR VASTI, MOSHI, PUNE 412 105 PAN : ALFPB2910C . APP LICANT VS. THE INCOME TAX OFFICER, WARD 8(4), PUNE . / RESPONDENT MA NO.24/PUN/2019 ARISING OUT OF ITA NO. 619/PUN/2018 ASSESSMENT YEAR : 2012 - 13 CHABUBAI KRISHNA BANKAR, BANKAR VASTI, MOSHI, PUNE 412 105 PAN : BCSPB6727N . APP LICANT VS. THE INCOME TAX OFFICER, WARD 8(4), PUNE . RESPONDENT 2 M A NO S . 22 TO 27 /P U N/201 9 MA NO.25/PUN/2019 ARISING OUT OF ITA NO. 620/PUN/2018 ASSESSMENT YEAR : 2012 - 13 SHANTABAI KRISHNA BANKAR, BANKAR VASTI, MOSHI, PUNE 412 105 PAN : BCSPB6729C . APP LICANT VS. THE INCOME TAX OFFICER, WARD 8(4), PUNE . RE SPONDENT MA NO.26/PUN/2019 ARISING OUT OF ITA NO. 621/PUN/2018 ASSESSMENT YEAR : 2012 - 13 ASHWINI PARSHURAM BANKAR, BANKAR VASTI, MOSHI, PUNE 412 105 PAN : BCSPB6575L . APP LICANT VS. THE INCOME TAX OFFICER, WARD 8(4), PUNE . RESPONDENT MA NO.27/PUN/2019 ARISING OUT OF ITA NO. 6 22 /PUN/2018 ASSESSMENT YEAR : 2012 - 13 SUMITRA UDDHAV BANKAR, BANKAR VASTI, MOSHI, PUNE 412 105 PAN : BCSPB6730K . APP LICANT VS. THE INCOME TAX OFFICER, WARD 8(4), PUNE . RESPONDENT APPLICA NT BY : SHRI PRATIK NAVLAKHA RESPONDENT BY : S MT. DEEPA HAIRY / DATE OF HEARING : 0 6 . 0 9 .201 9 / DATE OF PRONOUNCEMENT: 1 1 . 0 9 .201 9 3 M A NO S . 22 TO 27 /P U N/201 9 / ORDER PER SUSHMA CHOWLA, JM : THE PRESENT MISCELLANEOUS APPLICATION S HA VE BEEN FILED BY DIFFERENT APPLICANT S AGAINST CONSOLIDATED ORDER OF T RIBUNAL DATED 31.12.2018 . 2. THE PRESENT MISCELLANEOUS APPLICATIONS ARE MOVED IN BUNCH OF APPEALS BY DIFFERENT APPLICANTS ON THE GROUND THAT NO NOTICE OF HEARING WAS RECEIVED BY ASSESSEE AND THE APPLICANTS ARE AGGRIEVED BY THE EX - PARTE ORDER PASSED IN THE CASE. 3. THE PLEA OF LEARNED AUTHORIZED REPRESENTATIVE FOR THE APPLICANTS BEFORE US IS THAT THEY WERE PREVENTED BY SUFFICIENT CAUSE FROM NON - APPEARANCE AS THEY HAVE NOT RECEIVED NOTICE. IT IS ALSO STATED BY HIM THAT DUE DATE FOR FILING THE RETURN OF INC OME IN THE CASE UNDER SECTION 139(4) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS 31.03.2014 AS AGAINST 31.03.2013 MENTIONED IN THE ORDER OF TRIBUNAL. HE FURTHER POINTS OUT THAT THE AMOUNT WAS DEPOSITED IN CAPITAL GAINS ACCOUNT SCHEME AND HE PLACED ON RECORD THE EVIDENCE IN RESPECT OF ONE OF THE APPLICANTS. HE ALSO MENTIONED THAT THE NEW ASSET WAS PURCHASED BEFORE THE DUE DATE FOR FILING THE RETURN OF INCOME UNDER SECTION 139(4) OF THE ACT . 4. THE TRIBUNAL VIDE ORDER DATED 31.12.2018 HAD DECIDED THE PRESENT APPEAL S IN TURN FOLLOWING THE RATIO LAID DOWN BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF HUMAYUN SULEMAN MERCHANT VS. CCIT (2016) 73 TAXMANN.COM 2 (BOM.) . THE APPEALS OF APPLICANTS WERE DECIDED EX - PARTE IN VIEW OF THE ISSUE BEING DECIDED B Y 4 M A NO S . 22 TO 27 /P U N/201 9 THE HONBLE BOMBAY HIGH COURT (SUPRA). IN SUCH FACTS AND CIRCUMSTANCES, I FIND MERIT IN THE PLEA OF APPLICANTS AND THE ORDER OF TRIBUNAL IS RECALLED FOR REGULAR HEARING. THE REGISTRY IS DIRECTED TO FIX THE APPEALS IN REGULAR COURSE AND ISSUE NOTICE TO BOTH THE PARTIES. THE MISCELLANEOUS APPLICATIONS FILED BY THE APPLICANTS ARE THUS, ALLOWED. 5 . IN THE RESULT, ALL THE MISCELLANEOUS APPLICATION S OF APPLICANT S ARE ALLOWED. ORDER PRONOUNCED ON THIS 11 TH DAY OF SEPTEMBER , 201 9 . SD/ - (SUSHMA CHOWLA) / JUDICIAL MEMBER / PUNE ; DATED : 11 TH SEPTEMBER , 201 9 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 13 , PUNE 4. / THE PR.CIT - 5, PUNE 5. 6. , , , - / DR SMC, ITAT, PUNE; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE