Ramkanya Bai, Indore V. ITO5(3), Indore

MA 53/Ind/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9369 (ITAT-INDORE)
• Duration Of Justice: 6 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 21-06-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: K G GOYAL
• Keywords: Reopening of assessment; Cost of acquisition

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER MA NO.53/IND/2019 (ARISING OUT OF ITA NO.832/IND/2017) ASSESSMENT YEAR: 2007-08 RAMKANYA BAI, C/O PAVAN VED, ADVOCATE, INCOME TAX 203 SHOPS ROAD 10/5 NEW PALASAI INDORE / VS. ITO 5(3) INDORE ( APPELLANT ) ( RE VENUE ) P.A. NO. BADPR6977F APPELLANT BY SHRI PAVAN VED, ADV. RE VENUE BY SHRI K.G . GOYAL , SR. D R DATE OF HEARING: 22.11.2019 DATE OF PRONOUNCEMENT: 07.01.2020 / O R D E R PER KUL BHARAT, J.M: THIS MISC. APPLICATION BY ASSESSEE SEEKING FOR RECALLING OF THE ORDER OF THE TRIBUNAL DATED 08.03.201 9 MA NO.53/IND/2019 SMT. RAMKANYA BAI 2 PASSED IN ITA NO.832/IND/2017 ON THE GROUND THAT THE CONCISE GROUND NO.2(ORIGINAL GROUND NO.10) REGARDING COST OF ACQUISITION OF LAND SOLD HAS NOT BEEN DECIDED. 2. LD. COUNSEL FOR SUBMITTED THAT THE CONCISE GROUND NO.2(ORIGINAL GROUND NO.10) REGARDING COST OF ACQUISIT ION OF LAND SOLD HAS NOT BEEN DECIDED. 3. LD. DEPARTMENTAL REPRESENTATIVE (DR) OPPOSED THE SUBMISSION AND SUBMITTED THAT THERE IS NO MISTAKE APPARENT ON RECORD WHICH SOUGHT TO BE RECTIFIED. 4. WE HAVE HEARD THE RIVAL CONTENTIONS PERUSED THE MATERIAL AVAILABLE ON RECORDS. WE FIND FORCE IN THE CONTENTION OF ASSESSEE THAT THE CONCISE GROUND NO.2(ORIGINAL GROUND NO.10) REGARDING COST OF ACQUISIT ION OF LAND SOLD WAS NOT SPECIFICALLY DEALT WITH IN TRIBUNAL OR DER DATED 08.03.2019. THEREFORE, THE ORDER DATED 08.03.20 19 IS RECALLED FOR LIMITED PURPOSE OF DECIDING CONCISE GRO UND NO.2(ORIGINAL GROUND NO.10) REGARDING COST OF ACQUISIT ION OF LAND SOLD RAISED IN THE APPEAL OF THE ASSESSEE. THUS, T HE APPEAL OF THE ASSESSEE IS RE-FIXED FOR HEARING ON 20.0 2.2020 FOR THE ABOVE LIMITED PURPOSE ONLY, FOR WHICH NO SEP ARATE MA NO.53/IND/2019 SMT. RAMKANYA BAI 3 NOTICE SHALL BE ISSUED AS THE DATE OF HEARING HAS BEEN MENTIONED IN THIS ORDER. HOWEVER, IN RESPECT OF IS SUE OF REOPENING OF ASSESSMENT, THE ISSUE HAS ALREADY BEEN DECIDED BY THE TRIBUNAL, THEREFORE, THIS CONTENTION OF THE ASSESSEE IS REJECTED. 5. IN THE RESULT, MISC. APPLICATION FILED BY THE AS SESSEE PARTLY ALLOWED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 07.01.2 020. SD/- (MANISH BORAD) SD/- (KUL BHARAT) A CCOUNTANT MEMBER JUDICIALMEMBER INDORE; DATED : 07/ 01/2020 CTX? P.S/. . . COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE