SAVARKAR BABURAO POKHARKAR, MUMBAI v. ITO 17(1)(3), MUMBAI

ITA 1100/MUM/2010 | 2005-2006
Pronouncement Date: 10-12-2010 | Result: Allowed

Appeal Details

RSA Number 110019914 RSA 2010
Assessee PAN AOWPP5908E
Bench Mumbai
Appeal Number ITA 1100/MUM/2010
Duration Of Justice 10 month(s)
Appellant SAVARKAR BABURAO POKHARKAR, MUMBAI
Respondent ITO 17(1)(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 10-12-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 10-12-2010
Date Of Final Hearing 01-12-2010
Next Hearing Date 01-12-2010
Assessment Year 2005-2006
Appeal Filed On 10-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI. BEFORE SHRI P.M. JAGTAP ACCOUNTANT MEMBER AND SHRI V. DURGA RAO JUDICIAL MEMBER ITA NOS.1099 1100 & 1101/MUM/10 (ASSESSMENT YEARS : 2004-05 2005-06 & 2006-07) SAVARKAR BABURAO POKHARKAR ARUN NIWAS R.NO.1 NEHRU NAGAR KANJUR MARG (E) MUMBAI-400042 PAN AOWPP5908E VS. INCOME TAX OFFICER 17(1)(3) PIRAMAL CHAMBERS LALBAUG MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI BHUPENDRA SHAH. RESPONDENT BY : SHRI D.SONGATE. PER V. DURGA RAO : THESE APPEALS FILED BY THE ASSESSEE AGAINST THE E XPARTE ORDERS PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (A PPEALS)-29 MUMBAI FOR THE ASSESSMENT YEARS 2004-05 TO 2006-07. SINCE COMMON ISSUE IS INVOLVED IN THESE APPEALS WE ARE PROCEEDED TO DECI DE THE APPEALS BY PASSING COMMON ORDER. 2. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THESE APPEALS ARE FILED AGAINST EXPA RTE ORDERS PASSED BY THE LEARNED CIT(A) HE REQUESTED THE BENCH ONE MORE OPP ORTUNITY MAY BE GIVEN TO THE ASSESSEE TO APPEAR BEFORE THE LEARNED CIT(A) AND HE HAS ALSO GIVEN UNDERTAKING THAT THE ASSESSEE WILL APPEAR BEFORE TH E CIT(A) WITHOUT FAIL AND WITHOUT TAKING ANY ADJOURNMENT. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO O BJECTION TO SEND THE MATTER TO THE FILE OF LEARNED CIT(A). ITA NOS.1099 1100 & 1101/MUM/10 2 4. WE HAVE HEARD BOTH SIDES. WE CONSIDER THE REQUE ST OF THE LEARNED COUNSEL FOR THE ASSESSEE AND IN THE INTEREST OF JUS TICE WE SET ASIDE THE ORDERS PASSED BY THE CIT(A) FOR THE YEARS UNDER CON SIDERATION. WE REMIT BACK THE MATTER TO THE FILE OF LEARNED CIT(A) WITH A DIRECTION TO GIVE ONE MORE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND DECIDE THE ISSUE ACCORDING TO LAW. ACCORDINGLY THESE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT THE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. PRONOUNCED IN THE OPEN COURT ON 10.12.2010. SD/- SD/- (P.M. JAGTAP) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DT.10.12.2010. *GPR COPIES OF THE ORDER FORWARDED TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT MUMBAI (4) CIT(A) MUMBAI (5) DR (6) GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES ITA NOS.1099 1100 & 1101/MUM/10 3 DATE INIT IALS 1. DRAFT DICTATED ON 6/12/2010 2. DRAFT PLACED BEFORE AUTHOR 3. DRAFT PROPOSED & PLACED BEFORE SECOND MEMBER 4. DRAFT DISCUSSED & APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER.