The Assistant Commissioner of Income Tax, Circle- 1, Belagavi., Belgaum V. Shri Basetappa B. Badami., Belgaum

MA 53/PAN/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4812 (ITAT-PANAJI)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 30-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMESH S MUTAGAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER M.A.NO. 53 /PAN/201 5 ( ITA NO. 413 /PN J /201 4 ) (ASST. YEAR : 20 11 - 12 ) ACIT, CIRCLE - 1, BELAGAVI. VS. SHRI BASETTEPPA B. BADAMI, PROP : M/S. BELGAUM PIPES & TUBES, OLD P.B. ROAD, CANTONMENT COMPLEX, BELGAUM PAN NO. ABDPB 5252 F (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PRAMOD VAIDYA ADV. DEPARTMENT BY : SHRI RAMESH S. MUTAGAR - DR DATE OF HEARING : 1 6 / 0 9 /201 6 . DATE OF PRONOUNCEMENT : 1 6 / 0 9 /201 6 . O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER THIS IS A MISC. APPLICATION FILED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO. 413 / PNJ/ 2014 , DATED 1 8/06/2015. 2. SHRI PRAMOD VAIDYA, ADV OCATE REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI RAMESH S. MUTAGAR, DEPARTMENTAL REPRESENTATIVE REPRESENTED ON BEHALF OF THE REVENUE. 3 . IT WAS SUBMITTED BY THE DEPARTMENTAL REPRESENTATIVE THAT AGAINST THE DECISION OF THE TRIBUNAL FOR THE ASSESSMENT YEARS 2006 - 07, 2008 - 09 & 2010 - 11 IN ITA NO. 184 TO 186/PNJ/2014 , THE REVENUE HAD FILED MA NO. 13/PAN/2015 , WHICH WAS DISPOSED OF VIDE AN ORDER DATED 2 MA NO. 53 /P A N/201 5 22/07/2016 DISMISSING THE MISC. APPLICATION FILED ON THE GROUND TH A T NO ERROR HAD BEEN POINTED OUT . T HE TRIBUNALS ORDER S FOR THOSE YEARS WERE ON FACTS T H A T I NSOFAR AS THE CLOSING B A LANCE OF THE ASSESSMENT YEAR S 2005 - 06 & 2007 - 08 HAS BEEN ACCEPTED, THEN OBVIOUSLY, THE O P E N I N G BALANCE FOR THE IMMEDIATELY SUCCEEDING YEARS CANNOT BE TINKERED WITH. THUS, IT IS NOTICED THAT THE REVENUE HAS NOT BEEN ABLE TO POINT OUT ANY SPECIFIC ERROR IN THE ORDER OF THE TRIBUNAL IN ITA NO. 413/PNJ/20 14 , DATED 18/06/2015 AND CONSEQUENTLY THE MISC. APPLICATION FILED BY THE REVENUE STANDS DISMISSED. 4 . IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON FRIDAY , THE 1 6 TH DAY OF SEPTEMBER , 201 6 AT GOA . S D / - S D / - (N.S.SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 6 TH SEPTEMBER , 201 6 . VR/ - COPY TO: 1 . THE ASSESSEE. SHRI BASETTEPPA B. BADAMI, PROP : M/S. BELGAUM PIPES & TUBES, OLD P.B. ROAD, CANTONMENT COMPLEX, BELGAUM . 2 . THE REVENUE. ACIT, CIRCLE - 1, BELAGAVI . 3 . THE CIT, BELGAUM. 4 . THE CIT(A) , BELGAUM. 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI