The Dy. Commissioner of Income-tax, Jammu V. Sh. Rakesh Sharma, Jammu

MA 29/ASR/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9233 (ITAT-AMRITSAR)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-11-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 02-11-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 31-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S K BANSAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER M.A. NO.29(ASR)/2012 ARISING OUT OF I.T.A. NO.337S(ASR)/2011 ASSESSMENT YEAR:2006-07 PAN :AKBPS6452P DY. COMMR. OF INCOME-TAX, VS. SH. RAKESH SHARMA, PR OP. CIRCLE-1, JAMMU. M/S. PAYAL ENTERPRISES, GANGYAL , JAMMU. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. TARSEM LAL, DR RESPONDENT BY: SH. S.K.BANSAL, ADV. DATE OF HEARING:02/11/2012 DATE OF PRONOUNCEMENT:02/11/2012 ORDER PER BENCH ; THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS AP PLICATION FOR RECALLING THE ORDER DATED 07.03.2012 IN WHICH THIS BENCH HAS DISMISSED THE APPEAL FILED BY THE REVENUE IN LIMINE, BEING DEFECT IVE BECAUSE THE REVENUE HAS NOT RAISED GROUNDS OF APPEAL BEFORE THE TRIBUNA L AGAINST PENALTY U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 ( HEREINAFTER CALLED THE ACT). 2. NOW THE REVENUE HAS RECTIFIED THE DEFECTS AND R EQUESTED FOR RECALLING THE ORDER OF THE TRIBUNAL DATED 07.03.2012 PASSED I N ITA NO.337(ASR)/2011 2 FOR THE A.Y. 2006-07. KEEPING IN VIEW THE AVERMENTS MADE BY THE REVENUE IN THE PRESENT MISCELLANEOUS APPLICATION AN D RECTIFYING THE DEFECTS AS POINTED OUT BY THE REGISTRY, WE ARE OF THE VIEW THAT IT IS FIT CASE FOR RECALLING THE ORDER OF THE TRIBUNAL DATED 07.03.201 2 AND ACCORDINGLY, WE RECALL THE SAME. 5. AT THE TIME OF HEARING, BOTH THE LD. DR AND LD. COUNSEL FOR THE ASSESSEE AGREED THAT THE ISSUE INVOLVED IN THE MAIN APPEAL I .E. IN ITA NO.337(ASR)/2011 HAS ALREADY BEEN DECIDED BY THIS B ENCH AND REQUESTED THAT THE MAIN APPEAL MAY ALSO BE DECIDED TODAY ITSE LF. 6. KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES AND MERITS OF THE CASE, WE ARE OF THE VIEW THAT THE MAIN APPEAL CAN BE DISP OSED OF TODAY ITSELF. THEREFORE, WE FIX THE MAIN APPEAL I.E. IN ITA NO.33 7(ASR)/2011 FOR THE A.Y. 2005-06 FOR 02.11.2012 FOR FINAL HEARING. AS DISCU SSED ABOVE, THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS A LLOWED. 7. IN THE RESULT, THE MISCELLANEOUS APPLICATION FI LED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2ND NOVEMBER, 2012. (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2ND NOVEMBER, 2012 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. SHIVA STEEL ROLLING MILLS, JAMMU. 2. THE DCIT-1, JAMMU. 3. THE CIT(A) 4.THE CIT, 5)THE SR DR, ITAT, AMRITSAR.