Shri. Arun Jagadale, Bijapur v. ITO, Bijapur

ITA 359/BANG/2006 | 2002-2003
Pronouncement Date: 26-04-2010 | Result: Allowed

Appeal Details

RSA Number 35921114 RSA 2006
Bench Bangalore
Appeal Number ITA 359/BANG/2006
Duration Of Justice 3 year(s) 11 month(s) 25 day(s)
Appellant Shri. Arun Jagadale, Bijapur
Respondent ITO, Bijapur
Appeal Type Income Tax Appeal
Pronouncement Date 26-04-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 26-04-2010
Assessment Year 2002-2003
Appeal Filed On 01-05-2006
Judgment Text
ITA NOS.359 & 361/BANG/2006 PAG E - 1 IN THE INCOME-TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE DR. O. K. NARAYANAN VICE PRESIDENT AND SHRI. GEORGE GEORGE K JUDICIAL JUDICIAL MEMBER 1. I.T.A.NO.359/BANG/2006 (ASSESSMENT YEAR : 2002-03) 2. I.T.A.NO.361/BANG/2006 (ASSESSMENT YEAR : 2002-03) 1. LATE SRI. EKNATH C. JAGADALE L/R. ARUN JADADALE DHOBALE GALLI BIJAPUR 2. SHRI. ANANT C. JAGADALE DHOBALE GALLI UPALI BURUZ ROAD BIJAPUR .. APPELLANT V. INCOME-TAX OFFICER WARD -1 BIJAPUR .. RESPONDENT APPELLANT BY : SMT. GAYATHRI ADVOCATE RESPONDENT BY : SMT. JACINT ZINIK VASHAI ADDITIONA L CIT O R D E R PER DR. O. K. NARAYANAN VICE PRESIDENT : THESE TWO APPEALS ARE FILED BY THE ASSESSEES FOR T HE COMMON ASSESSMENT YEAR 2002-02. THE APPEALS ARE DIRECTED AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME-TAX (APPEALS) AT BELGA UM DATED.12.1.2006 ITA NOS.359 & 361/BANG/2006 PAG E - 2 AND ARISE OUT OF ASSESSMENTS COMPLETED U/S.143(3) R .W.S.147 OF THE IT ACT 1961. 2. IN BOTH THE CASES THE COMMON GROUNDS RAISED BY THE ASSESSEE ARE THAT THE PROCEEDINGS U/S.147 WERE WITHOUT JURISDICT ION AND ALTERNATIVELY THE BENEFIT OF SECTION 54B SHOULD HAVE BEEN GIVEN T O THE ASSESSEES. 3. AT THE TIME OF HEARING MS. GAYATHRI ADVOCATE SOUGHT LEAVE OF THE COURT TO FILE AN ADDITIONAL GROUND EXPLAINING THAT THE CAPITAL GAINS IN THESE CASES WOULD NOT BE TAXABLE IN THE IMPUGNED ASSESSME NT YEAR 2002-03. ON GOING THROUGH THE CIRCUMSTANCES OF THESE CASES WE FIND THAT THE SAID SUBMISSION MADE BY THE LEARNED COUNSEL HAS MUCH FOR CE. BUT AT THE SAME TIME IT REQUIRES VERIFICATION OF FACTS AND APPLICA TION OF MIND. THEREFORE WE ARE NOT FORMALLY ADMITTING THE ADDITIONAL GROUND RAISED BY THE ASSESSEE BUT ON THE OTHER HAND REMIT BACK THESE A PPEALS TO THE ASSESSING OFFICER TO RECONSIDER THE ISSUE AND REDO THE ASSESS MENTS IN ACCORDANCE WITH LAW. THE ASSESSING OFFICER IS FURTHER DIRECTE D TO CONSIDER THE ADDITIONAL GROUND NOW SOUGHT TO BE RAISED BY THE CO UNSEL AS WELL. THEREFORE THESE TWO CASES WILL BE DECIDED DENOVO A FTER CONSIDERING ALL THE ASPECTS INCLUDING ADDITIONAL CONTENTIONS/GROUND S OF THE ASSESSEES AFTER GIVING THE ASSESSEES DUE OPPORTUNITY OF BEING HEARD. ITA NOS.359 & 361/BANG/2006 PAG E - 3 4. IN RESULT THESE FILES ARE REMITTED BACK TO THE ASSESSING OFFICER AND THE APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. MONDAY THE 26TH APRIL 2010. SD/- SD/- (GEORGE GEORGE K) (DR. O. K. NARAYANAN) JUDICIAL MEMBER VICE PRESIDENT MCN* COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF ITAT NEW DELHI 7. GF ITAT BANGALORE BY ORDER ASST.REGISTRAR ITAT BANGALORE