Income-tax Officer, V. Meenal Dattatrya Kulkarni, Pune

MA 7/PUN/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1926 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-04-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-03-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 20-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P S KULKARNI
• Assessee Lawyers: P L PATHADE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE: SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER MA NO. 07 /PN/2014 (ARISING OUT OF ITA NO. 1 417 / P N/ 20 1 1 ) ASSESSMENT YEAR : 200 8 - 09 I NCOME TAX OFFICER, WARD - 6(4), PUNE VS. MEENAL DATTATRYA KULKARNI, FLAT NO. 9, RADHAPRIYA CO - OP. HOUSING SOCIETY, S. NO. 37/1/3, KARVE NAGAR, PUNE (APPELLANT) (RESPONDENT) PAN NO. ABTPK9168K APPELLANT BY: SHRI P.S. KULKARNI RESPONDENT BY: SHRI P. L. PATHADE DATE OF HEARING : 11 - 04 - 2014 DATE OF PRONOUNCEMENT : 11 - 04 - 2014 ORDER PER R.S . PADVEKAR , JM : - THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE U/S. 254(2) OF THE INCOME - TAX ACT WITH PRAYER TO RECALL THE ORDER PASSED BY THE TRIBU NAL IN ITA NO. 1 417 /PN/201 1 DATED 2 1 - 11 - 2012 FOR THE REASONS GIVEN IN THE APPLICATION. 2. THE ASSESSEE WAS EMPLOYEE OF THE STATE BANK OF INDIA. HE OPTED FOR THE VOLUNTARY RETIREMENT UNDER THE EXIT OPTION SCHEME DECLARED BY THE SBI AND HE GOT COMPENSATION IN THE FORM OF EX - GRATIA PAYMENT. THE ASSESSEE CLAIMED THE EXEMPTION U/S. 10(10C) OF THE ACT TO THE EXTENT OF RS.5,00,000/ - . THE TRIBUNAL ALLOWED THE CLAIM OF THE ASSESSEE BY FOLLOWING THE DECISION OF HON'BLE HIGH COURT OF BOMBAY IN THE CASE OF CIT VS. KOODATHIL KALLYATAN AMBUJAKSHAN, 219 CTR 80 (BOM). NOW THE PLEA OF THE REVENUE IS THAT IN THE CASE OF SHRI JAGDISH R. EKTARE ITA NO. 12/PN/2012 DATED 26 - 06 - 2012 , THE TRIBUNAL HAS RESTORED THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER WITH DIRECTION S TO EXAMINE THE MATTER AFRESH WITH REGARD TO THE COMPLIANCE WITH THE GUIDELINE NO. (III) 2 MA NO. 07 /PN/201 4 , MEENAL DATTATRYA KULKARNI, PUNE AND (IV) OF RULE 2BA. IT IS ACCORDINGLY PLEADED THAT IN THIS CASE ALSO THE ISSUE MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER BY RECALLING THE ORDER. 3. WE HAVE HEARD THE PARTIES. THE REVENUE IS SEEKING THE REVIEW OF THE ORDER PASSED BY THE TRIBUNAL WHICH IS NOT PERMISSIBLE U/S. 254(2) OF THE ACT. MERELY, BECAUSE IN ONE CASE THE TRIBUNAL HAS RESTORED THE MATTER TO THE FILE OF THE ASSESSING OFFICER IT DOE S NOT MEAN THAT THE SAID CASE IS THE PRECEDENT FOR RESTORING THE MATTER IN ALL OTHER CASE S . ON THE PERUSAL OF THE ORDER OF THE TRIBUNAL , IT IS SEEN THAT THE TRIBUNAL HAS DECIDED THE ISSUE FOLLOWING THE DECISION OF THE HON'BLE JURISDICTIONAL HIGH COURT. W E, THEREFORE, FIND NO MERIT IN THE APPLICATION FILED BY THE REVENUE U/S. 254(2) OF THE ACT . 4 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 11 - 04 - 201 4 SD/ - SD/ - ( G.S. PAN NU ) ( R.S. PADVEKAR ) ACCOUNTANT MEMBER JUDICIAL MEMBER RK /PS PUNE , DATED : 11 TH APRIL, 2014 COPY TO 1 ASSESSEE 2 DEPARTMENT 3 THE CIT(A) - III , PUNE 4 THE CIT - III , PUNE 5 THE DR, ITAT, B BENCH, PUNE . 6 GUARD F ILE. //TRUE COPY// BY ORDER PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL PUNE