ITO, Jaipur V. MADAN SINGH KHANGAROT, Jaipur

MA 8/JPR/2012

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2101 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 3 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-07-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 12-03-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIKHIL KATARIA
• Assessee Lawyers: D C SHARMA
• Section: 54B

Judgement Text

1 IN THE INCOMETAX APPELLATE TRIBUNAL JAIPUR BENCH: JAIPUR (BEFORE SHRI R.P. TOLANI AND SHRI T.R. MEENA) M.A. NO. 08/JP/2012 (ARISING OUT OF ITA NO. 252/JP/2011) ASSESSMENT YEAR 2007-08 THE INCOME TAX OFFICER VS. SHRI MADAN SINGH KHANGAR OT WARD-7(2), JAIPUR. S/O SHRI JEEVAN SINGH, VILLAGE- SANJHARIYA, POST- THIKARIYA, TEHSIL-SANGANER, JAIPUR. PAN:BTUPS 1484 C (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI D.C. SHARMA RESPONDENT BY : SHRI NIKHIL KATARIA DATE OF HEARING : 13/06/2014 DATE OF PRONOUNCEMENT : 11/07/2014. O R D E R PER T.R. MEENA, A.M. IN THIS CASE, COORDINATE A BENCH OF ITAT, JAIPUR IN ITA NO. 252/JP/2011 A.Y. 2007-08 PASSED ORDER ON 22/11/2011 WHEREIN THE ASSESSMENT FRAMED BY THE LEARNED ASSESSING OFFICER DATED 18/12/2009 FOR A.Y. 2007-08 HELD INVALID AND WAS CANCELLED. SIMILAR LY, THE COORDINATE BENCH ALSO DECIDED THE CASE ON MERIT. 2 2. THE REVENUE FILED M.A. IN THIS CASE U/S 254(1) O F THE I.T. ACT, 1961, WHICH IS REPRODUCED AS UNDER:- IT IS RESPECTFULLY SUBMITTED THAT IN THE ORDER DAT ED 27/11/2011 IN ITA NO. 252/JP/2011 IN THE CASE OF SH. MADAN SINGH KHANGAROT FOR A.Y. 2007-08, THE HONBLE ITAT, JAIPUR BENCH, JAIPUR , THE FOLLOWING MISTAKES ARE APPARENT:- 1. ON GROUND NO. 1, HAS HELD THE ASSESSMENT ORDER A S INVALID AND CANCELLED THE SAME. WHEREAS, AT THE SAME TIME T HE ISSUES OF CAPITAL GAINS AND DEDUCTION U/S 54B OF THE I.T. A CT, HAVE BEEN RESTORED TO THE FILE OF A.O. FOR DECIDING AFRE SH. 2. HONBLE ITAT HAS NOT INCORPORATED THE VITAL ARGUM ENT OF THE DEPARTMENTAL REPRESENTATIVE IN THE ORDER AND NO DIS CUSSION HAVE BEEN MADE ON THE CASE LAW RELIED UPON BY THE DEPARTMENTAL REPRESENTATIVE IN THE CASE OF CIT(CENT RAL) VS PEARL MECHANICAL ENGINEERING AND FOUNDRY WORKS PVT. LTD. 179 ITR 144 (1989) (P&H). 3. FACTS IN THE CASE OF SH. JAGDISH SAIN IN ITA NO. 32/JP/2011 DATED 22/07/2011 ARE IDENTICAL AND THE JUDGMENT OF THE HONBLE ITAT, JAIPUR BENCH, JAIPUR IN THE ABOVE CASE HAVE NOT BEEN FOLLOWED IN THE INSTANT CASE. THUS, IT IS PRAYED THAT THE M.A. MAY KINDLY BE ACCEP TED IN VIEW OF THE ABOVE NARRATED FACTS. 3. THE LEARNED D.R. AS WELL AS LEARNED COUNSEL FOR TH E ASSESSEE ACCEPTED THAT IN THIS CASE FRESH ASSESSMENT HAD BEE N COMPLETED BY THE LEARNED ASSESSING OFFICER ON 25/3/2013, THEREFORE, THERE IS NO ISSUE IS REMAINED TO BE PENDING. ACCORDINGLY WE HAVE CONSIDER ED VIEW THAT M.A. FILED BY THE REVENUE HAS BECOME INFRUCTUOUS. 3 4. IN THE RESULT, REVENUES MISCELLANEOUS APPLICATI ON IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11/07/2014. SD/- SD/- (R.P. TOLANI) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED : 11 TH JULY, 2014 * RANJAN COPY FORWARDED TO :- 1. THE ITA, WARD-7(2), JAIPUR. 2. SHRI MADAN SINGH KHANGAROT, JAIPUR. 3. THE CIT (A) 4. THE CIT 5. THE D/R GUARD FILE (M.A. NO. 08/JP/2012) BY ORDER, AR ITAT JAIPUR.