M/s. Janhavi Investments Pvt. Ltd., Pune V. JCIT, Kolhapur

MA 55/PUN/2009

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6089 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 1996-1997
• Appeal Filed On: 19-12-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARESHWAR SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH , PUNE BEFORE SHRI I.C. SUDHIR AND SHRI D. KARUNAKARA RAO M.A. NO. 55/PN/2009 (ARISING OUT OF ITA NO. 825/PN/01) (A.Y 1996-97) M/S. JANHAVI INVESTMENTS PVT. LTD. F. NO. 6, MANDAKINI APPT. PRABHAT ROAD, PUNE -4 PAN NO. AAACJ6741J .... APPELLANT VS. JCIT, SR-1, KOHAPUR . RESPONDENT APPELLANT BY : SHRI SUNIL GANOO RESPONDENT BY : SHRI HARESHWAR SHARMA ORDER PER: D KARUNAKARA RAO AM THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE HAS BEEN FILED ON 19-12- 2008. IT ARISES OUT OF THE ORDER OF THE TRIBUNAL BE ARING ITA NO. 825/PN/01 FOR THE A.Y 1996-97. 2. DURING THE PROCEEDINGS BEFORE US, LD. COUNSEL DE MONSTRATED THAT IN PARA 19 & 20, THE CONCLUSIONS ARE ERRONEOUSLY DRAWN WHIC H ARE CONTRADICTING WITH ONES MENTIONED IN THE SUCCEEDING PARAGRAPHS OF THE ORDER OF THE TRIBUNAL GIVEN UPTO PARA 18 OF THE ORDER DATED 25-02-2005. 3. ON HEARING THE PARTIES, WE AGREE WITH THE ARGUME NTS OF LD. COUNSEL AND FIND THE NEED FOR REQUESTED AMENDMENTS. THE AMENDME NT SHALL BE AS FOLLOWS:- 1) IN PARA 19(II), IN THE LATER PARTS OF THE SAID P ARA, FOR THE WORDS, THIS GROUND IS DECIDED AGAINST THE ASSESSEE , THE FOLLOWING SHALL BE SUBSTITUTED I.E., THIS GROUND IS PARTLY ALLOWED; 2) IN PARA 20 OF THE ORDER, FOR THE LAST SENTENCE, I.E, IN THE RESULT, THE APPEAL IS TREATED AS DISMISSED, THE FOLLOWING SHALL BE SUBSTITUTED I.E., IN THE RESULT, THE APPEAL IS PARTLY ALLOWED. M.A. NO. 55/PN/2009 (ARISING OUT OF ITA NO. 825/PN/01)) (A.Y. 1996-97) PAGE 2 OF 2 4. IN THE RESULT, THE MA OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED 07 TH JANUARY, 2011. SD/- SD/- (I.C. SUDHIR) (D.KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 07 TH JANUARY, 2011. R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. JCIT, SPECIAL RANGE 1, KOLHAPUR 3. CIT, KOLHAPUR 4. D.R. ITAT PUNE BENCH, PUNE BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE