ACIT, Circle-3(1), Kolhapur v. M/s. Amar Tobacco Co., Kolhapur

CO 23/PUN/1998 | misc
Pronouncement Date: 30-09-2011 | Result: Allowed

Appeal Details

RSA Number 2324523 RSA 1998
Assessee PAN EMBER2011A
Bench Pune
Appeal Number CO 23/PUN/1998
Duration Of Justice 12 year(s) 11 month(s) 14 day(s)
Appellant ACIT, Circle-3(1), Kolhapur
Respondent M/s. Amar Tobacco Co., Kolhapur
Appeal Type Cross Objection
Pronouncement Date 30-09-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted A
Tribunal Order Date 30-09-2011
Date Of Final Hearing 29-09-2011
Next Hearing Date 29-09-2011
Assessment Year misc
Appeal Filed On 16-10-1998
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO ACCOUNTANT MEMBER C.O. NO. 23/PN/1998 ARISING OUT OF I.T.(SS)A. NO. 66/PN/1996 BLOCK ASSESSMENT YEAR 1986-87 TO 1996-97 ASSTT. CIT CIR. 3(1) KOLHAPUR APPELLANT VS. M/S. AMAR TOBACCO CO. 8 TH LANE AZAD ROAD JAYSINGPUR DIST. KOLHAPUR RESPONDENT APPELLANT BY: SHRI HARESHWAR SHARMA RESPONDENT BY: NONE DATE OF HEARING: 29-9-2011 DATE OF PRONOUNCEMENT : 30- 9-2011 ORDER PER SHAILENDRA KUMAR YADAV JM THE DEPARTMENT HAS FILED THIS CROSS OBJECTION ARISI NG OUT OF APPEAL FILED BY THE ASSESSEE IN IT(SS) A NO. 66/PN/1996 FOR THE BLOCK ASSESSMENT PERIOD 1986-87 TO 1996-97. 2. THE ISSUE RAISED IN CROSS OBJECTION RELATES TO A DDITION MADE ON ACCOUNT OF SUPPRESSED STOCK AS ON THE DATE OF SEARCH. SIMILAR ISSUE HAS BEEN RAISED BY THE ASSE SSEE IN ITS APPEAL IN RESPECT OF WHICH THE PRESENT CROSS OB JECTION HAS BEEN FILED BY THE REVENUE. THE TRIBUNAL VIDE ITS ORDER DATED 16-6-2000 HAS RESTORED THIS MATTER TO THE FIL E OF THE ASSESSING OFFICER WITH CERTAIN DIRECTIONS. SINCE TH E ISSUE 2 C.O. 23/PN/1998 AMAR TOBACCO CO. BLOCK PERIOD: 1986-87 TO 1996-97 RAISED BY THE ASSESSEE HAS BEEN RESTORED FOR AFRESH ADJUDICATION THE ISSUE RAISED BY THE REVENUE IN TH IS CROSS OBJECTION IS ALSO SET ASIDE TO THE FILE OF THE ASSE SSING OFFICER WITH SIMILAR DIRECTIONS AS CONTAINED IN ASS ESSEES APPEAL IN ITA NO. IT (SS) A NO. 66/PN/1996 DATED 1 6-6- 2000. ACCORDINGLY THIS CROSS OBJECTION IS ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT THE CROSS OBJECTION OF THE REVENU E IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN ON 30 TH SEPTEMBER 2011. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER SHAILENDRA KUMAR YADAV JUDICIAL MEMBER PUNE DATED THE 30 TH SEPTEMBER 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT KOLHAPUR 4. CIT(A)- KOLHAPUR II PUNE 5. THE D.R ITAT PUNE BENCH PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES PUNE.