M/S M.P. State Coop. Marketing Federation Limited, Bhopal V. THE ITO 1(2), Bhopal

MA 58/IND/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7749 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 1999-2000
• Appeal Filed On: 20-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER MA NO.58/IND/2011 ARISING OUT OF ITA NO. 920/IND/2005 A.Y. 1999-00 M/S M.P. STATE CO-OPERATIVE MARKETING FEDERATION LIMITED BHOPAL PAN - AACC-0331R :: APPELLANT VS INCOME TAX OFFICER 1(2), BHOPAL :: RESPONDENT APPELLANT BY SHRTI ANIL KHABYA RESPONDENT BY SHRI ARUN DEWAN DATE OF HEARING 2.3.2012 DATE OF PRONOUNCEMENT 2.3.2012 O R D E R PER SHRI R.C. SHARMA, ACCOUNTANT MEMBER THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE U/S 254(2) OF THE ACT IN RESPECT OF ORDER OF THE TRIBUNAL DATED 26.4.2011. 2 2. THE CONTENTION OF THE LD.COUNSEL FOR THE ASSESSE E WAS THAT IN ITA NO. 920/IND/05 VIDE GROUND NOS. 2A TO 2D, THE ASSESSEE HAS RAISED THE ISSUE WITH REGARD T O ADDITION OF INTEREST INCOME UNDER THE HEAD OTHER SOURCES. AS PER THE LD.COUNSEL FOR THE ASSESSEE, THIS GROUND WAS NOT ADJUDICATED BY THE TRIBUNAL WHICH AMOUNTS TO A MISTAKE APPARENT FROM RECORD. 2. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND FIN D THAT VIDE ORDER DATED 26.4.2011 THE TRIBUNAL HAS DISPOSED OF THREE APPEALS OF THE ASSESSEE IN ITA NO S. 918 TO 920/IND/05 FOR THE ASSESSMENT YEARS 1997-98 TO 1999-00. AS COMMON GROUNDS WERE INVOLVED, THE TRIBUNAL HAS DISPOSED OF THE GROUND WITH REGARD TO INTEREST INCOME RECEIVED BY THE ASSESSEE FROM NON- COOPERATIVE AGENCY. THIS GROUND HAS BEEN DEALT WIT H IN THE ASSESSMENT YEAR 1998-99 VIDE PARA 10 PAGE 6 OF THE ORDER OF THE TRIBUNAL AND THE MATTER WAS RESTORED T O THE ASSESSING OFFICER WITH CERTAIN DIRECTIONS. AS SIMIL AR ISSUE 3 WAS INVOLVED IN THE ASSESSMENT YEAR 1999-00 IN GROU ND NOS. 2A TO 2D, WE DIRECT THE ASSESSING OFFICER TO D ISPOSE OF THE GROUND IN A SIMILAR WAY IN TERMS OF THE DIRE CTION OF THE TRIBUNAL IN PARA 10 OF ITS ORDER DATED 26 TH APRIL, 2011. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED IN TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MARCH, 2012 IN THE PRESENCE OF LEARNED REPRESENTATIVES OF BOTH THE SIDES. SD SD (JOGINDER SINGH) (R.C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MARCH, 2 ND , 2012 COPY TO : APPELLANT, RESPONDENT, CIT, CIT(A), CIT D R/DR DN/-