M/s. Pearl Plastic Products, V. Income-tax Officer,

MA 3/PUN/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2630 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 20-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M R BHAGAVAT
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER MA NO.03/PN/2014 (ARISING OUT OF ITA NOS.740 TO 744/PN/2010) (ASSESSMENT YEARS : 2002-03 TO 2006-07) M/S PEARL PLASTIC PRODUCTS, CHAITANYA 774, BUDHWAR PETH, PUNE 411 002. PAN : AABFP4498C . APPELLANT VS. INCOME TAX OFFICER, WARD 5(4), PUNE. . RESPONDENT APPELLANT BY : MR. M. R. BHAGAVAT RESPONDENT BY : MR. RAJESH DAMOR DATE OF HEARING : 21-11-2014 DATE OF PRONOUNCEMENT : 04-12-2014 ORDER PER G. S. PANNU, AM THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN PR EFERRED BY THE ASSESSEE WITH RESPECT TO THE ORDER OF THE TRIBUNAL IN ITA NOS.740 TO 744/PN/2010 FOR ASSESSMENT YEARS 2002-03 TO 2006-07 DATED 30.03.2012. 2. IN THIS MISCELLANEOUS APPLICATION, THE APPLICANT HAS CONTENDED THAT A MISTAKE APPARENT FROM THE RECORD WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) HAS BEEN CREPT IN THE ORDER OF THE TRIBUNAL DATED 30.03.2012 (SUPRA), WHEREIN ONE OF T HE GROUNDS RAISED BY THE ASSESSEE HAS NOT BEEN ADJUDICATED. IT IS CONTENDED THAT ASSESSEE HAS RAISED AN ISSUE CHALLENGING THE VALIDITY OF RE-OPENING OF ASSESSMENT U/S 147 OF THE ACT. ACCORDING TO THE APPLICANT, THE SAID GROUND H AS NOT BEEN ADJUDICATED BY THE TRIBUNAL AND IN SO FAR AS THE MERITS OF THE ADD ITION IN DISPUTE RELATING TO THE CLAIM OF DEDUCTION U/S 80-IA OF THE ACT WAS CONCERN ED, THE MATTER WAS SET- ASIDE TO THE FILE OF THE CIT(A) FOR A DECISION AFRE SH. MA NO.03/PN/2014 3. THE LD. DEPARTMENTAL REPRESENTATIVE APPEARING FO R THE REVENUE HAS NOT DISPUTED THE FACTUAL MATRIX BROUGHT OUT BY THE APPLICANT THAT THE GROUND OF APPEAL RAISED BY THE ASSESSEE RELATING TO THE VALID ITY OF RE-OPENING OF ASSESSMENT U/S 147 OF THE ACT HAS NOT BEEN ADJUDICA TED BY THE TRIBUNAL. 4. IN VIEW OF THE AFORESAID, WE HEREBY RECALL THE O RDER OF THE TRIBUNAL DATED 30.03.2012 FOR THE LIMITED PURPOSE OF ADJUDIC ATING THE GROUND OF THE ASSESSEE RELATING TO THE VALIDITY OF RE-OPENING OF ASSESSMENT U/S 147 OF THE ACT, WHICH HAD NOT BEEN ADJUDICATED EARLIER. FOR T HE SAID PURPOSE, THE REGISTRY IS DIRECTED TO POST THE APPEALS OF THE ASS ESSEE BEFORE A REGULAR BENCH FOR HEARING QUA THE ISSUE RELATING TO THE VAL IDITY OF RE-OPENING OF ASSESSMENT U/S 147 OF THE ACT. ACCORDINGLY, THE MI SCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED, AS ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH DECEMBER, 2014. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 04 TH DECEMBER, 2014. SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-III, PUNE; 4) THE CIT-III, PUNE; 5) THE DR B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// ASSISTANT REGISTRAR I.T.A.T., PUNE