Bank of Maharashtra, Pune V. Additional CIT , Pune

MA 50/PUN/2013

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4374 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 2 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-05-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 05-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANIL CHAWARE NGH
• Assessee Lawyers: LAXMIKANT KAUNDANYA

Judgement Text

] IQ.KS ] IQ.KS ] IQ.KS ] IQ.KS IQ.KS IQ.KSIQ.KS IQ.KS IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE , , $ BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K.PANDA, AM %% . / MA NOS.50 & 53/PN/2013 (ARISING OUT OF ITA NOS.781/PN/2010 & 734/PN/2011) ASSESSMENT YEARS : 2005-06 AND 2006-07 BANK OF MAHARASHTRA LOKMANGAL, 1501, SHIVAJINAGAR, PUNE 411005 PAN NO. AACCB0774B . / APPLICANT V/S ADDL. CIT , RANGE - I, PUNE . / RESPONDENT ! / APPLICANT BY : SHRI LAXMIKANT KAUNDANYA ! / RESPONDENT BY : S SHRI ANIL CHAWARE NGH / ORDER PER R.K.PANDA, AM : THE ASSESSEE THROUGH THE ABOVE MISCELLANEOUS APPLICATIONS REQUESTS THE TRIBUNAL TO RECALL ITS ORDER FOR THE LIMITED PU RPOSE OF DECIDING ONE OF THE ISSUES RAISED IN THE GROUNDS OF APPEAL WHICH REMAINED TO BE ADJUDICATED 2. AT THE TIME OF HEARING SHRI LAXMIKANT KAUNDANYA, CHIEF MANAGER, TAXATION SUBMITTED THAT THE ISSUE HAS SINCE BEE N DECIDED BY THE TRIBUNAL IN ASSESSEES OWN CASE FOR A.YRS. 2005-06 AND 2006- ! ( / DATE OF HEARING : 27.05.2016 ! ( / DATE OF PRONOUNCEMENT:27.05.2016 2 MA NO.50 & 53/PN/2013 07 VIDE ORDER DATED 17-09-2014. IT HAS BEEN HELD IN TH E ORDER OF THE TRIBUNAL THAT HTM SECURITIES ARE STOCK IN TRADE FOR THE B ANK AND VALUED AT COST OR MARKET PRICE WHICHEVER IS LOWER. HENCE, THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE HAS BECOME REDUNDANT. IN VIEW OF THE ABOVE SUBMISSION OF THE AUTHOR IZED PERSON OF THE BANK AND IN ABSENCE OF ANY OBJECTION FROM THE LD . DEPARTMENTAL REPRESENTATIVE, THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE ARE DISMISSED. 3. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEAR ING ITSELF, I.E. ON 27 TH DAY OF MAY, 2016 SD/- SD/- ( SUSHMA CHOWLA ) ( R.K. PANDA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER IQ.KS PUNE ; . DATED : 27 TH MAY, 2016. LRH'K ) +% ,% / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4 S / THE CIT-I, PUNE 4. 5 889 , ( 9 , IQ.KS / DR, ITAT, B PUNE; 5. < / GUARD FILE. / BY ORDER , 5 8 //TRUE COPY// //TRUE COPY// >? 8 9 / SR. PRIVATE SECRETARY ( 9, IQ.KS / ITAT, PUNE