SHRI SHIKHAR CHAND JAIN, Nagda V. The ACIT 2(1), Ujjain

MA 41/IND/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4975 (ITAT-INDORE)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 28-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Section: 148

Judgement Text

M.A. NOS. 40 & 41/IND/2016 SHIKHARCHAND JAIN 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE .., ..!', #$ # !% BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI O.P. MEENA, ACCOUNTANT MEMBER M.A. NOS.40 & 41/IND/2016 ARISING OUT OF I.T.A. NOS.719 & 720/IND/2014 ASSESSMENT YEARS: 2004-05 & 2005-06 SHIKHAR CHAND JAIN UJJAIN PAN AFLPJ 9955K :: APPELLANT VS ACIT 2(1) UJJAIN :: RESPONDENT /APPELLANT BY SHRI PAVAN VED RESPONDENT BY SHRI MOHD. JAVED ! DATE OF HEARING 23.9.2016 '#$% ! DATE OF PRONOUNCEMENT 19.10.2016 ' O R D E R PER SHRI D.T. GARASIA, JM THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE ASSESSEE ON THE GROUND THAT DURING THE COURSE OF HEARI NG, THE LEARNED COUNSEL FOR THE ASSESSEE HAS AGREED THAT TH E M.A. NOS. 40 & 41/IND/2016 SHIKHARCHAND JAIN 2 COPY OF REASONS RECORDED IS NOT GIVEN TO THE ASSESSEE , THEREFORE, THE MATTER MAY BE RESTORED TO THE ASSESSI NG OFFICER TO GIVE COPY OF REASONS RECORDED U/S 148 OF THE ACT. DURING THE COURSE OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT HE HAS NOT GIVEN ANY CONCESSIO N TO THE BENCH. THE LEARNED COUNSEL FOR THE ASSESSEE SUBM ITTED THAT IF GROUND NO. 1 IS RESTORED, GROUND NO. 2 SHOUL D ALSO BE RESTORED BECAUSE IF THE FIRST GROUND IS DECIDED AG AINST THE ASSESSEE, THE ASSESSEE CANNOT RAISE THE SECOND GROU ND BEFORE THE ASSESSING OFFICER. THE LEARNED COUNSEL F OR THE ASSESSEE, THEREFORE, PRAYED THAT THIS ISSUE BE RESTOR ED TO THE FILE OF THE ASSESSING OFFICER. THE LEARNED DR OP POSED THE SAME. 2. AFTER CONSIDERING THE ARGUMENTS OF THE PARTIES, WE ARE OF THE VIEW THAT IN THE INTEREST OF JUSTICE AND EQUITY , IT WOULD BE APPROPRIATE TO RESTORE GROUND NOS. 1 AND 2 TO THE FILE OF THE ASSESSING OFFICER FOR DECIDING THE SAME AFRESH M.A. NOS. 40 & 41/IND/2016 SHIKHARCHAND JAIN 3 AFTER PROVIDING THE ASSESSEE ADEQUATE OPPORTUNITY OF BE ING HEARD. WE ORDER ACCORDINGLY. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALL OWED. THE ORDER HAS BEEN PRONOUNCED IN OPEN COURT ON 19 OCTOBER, 2016. SD/- SD/- ( ..!') (..) #$ ( (O.P.MEENA) (D.T.GARASIA) ACCOUNTANT MEMBER J UDICIAL MEMBER (') / DATED : 19 OCTOBER, 2016. DN/ M.A. NOS. 40 & 41/IND/2016 SHIKHARCHAND JAIN 4