Asstt.CIT,(Cen),Circle,Kolhapur, Kolhapur v. Ratnakar Bank Ltd.,, Kolhapur

ITA 617/PUN/2004 | misc
Pronouncement Date: 25-03-2011 | Result: Allowed

Appeal Details

RSA Number 61724514 RSA 2004
Assessee PAN AABCT3335M
Bench Pune
Appeal Number ITA 617/PUN/2004
Duration Of Justice 6 year(s) 11 month(s) 1 day(s)
Appellant Asstt.CIT,(Cen),Circle,Kolhapur, Kolhapur
Respondent Ratnakar Bank Ltd.,, Kolhapur
Appeal Type Income Tax Appeal
Pronouncement Date 25-03-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted B
Tribunal Order Date 25-03-2011
Date Of Final Hearing 23-03-2011
Next Hearing Date 23-03-2011
Assessment Year misc
Appeal Filed On 23-04-2004
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JUDICIAL MEMBER AND SHRI D. KARUNAKARA RAO ACCOUNTANT MEMBER I.T.A. NO. 617/PN/2004 BLOCK PERIOD: 1996-97 TO 2002-03 ASSTT. CIT (CENTRAL) CIR. KOLHAPUR APPELLANT VS. THE RATNAKAR BANK LTD. SHAHU MARKET YARD KOLHAPUR PAN AABCT 3335 M RESPONDENT APPELLANT BY: SHRI SUNIL PATHAK RESPONDENT BY: SHRI A.S. JHA ORDER PER SHAILENDRA KUMAR YADAV JM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-I PUNE DATED 02-01-2004 FOR THE BLOCK PERIOD 1996-97 TO 2002-03 (UPTO 9-10-2001) ON VARIO US DESCRIPTIVE GROUNDS. 2. THE MAIN CONTENTION OF THE REVENUE IS THAT THE ASSESSING OFFICER WAS NOT GIVEN PROPER OPPORTUNITY OF HEARING BY THE CIT(A) INSPITE OF HIS SPECIFIC REQUE ST MADE IN THIS BEHALF. IT WAS FURTHER SUBMITTED THAT SPEC IFIC REQUEST WAS MADE IN ITNS 51 SIGNED BY THE ASSESSING OFFICER ON 4-12-2003 AND SUBMITTED IN THE OFFICE OF CIT(A)-I PUNE. THERE IS NOTHING ON RECORD TO SUGGEST THAT T HE PAGE 2 OF 2 ITA NO.617/PN/2004 RATNAKAR BANK BLOCK PERIOD: 1996-97 T 2002-03 CIT(A) HAS PROVIDED DUE OPPORTUNITY TO THE ASSESSIN G OFFICER. PROPER OPPORTUNITY OF HEARING IS THE ESSEN CE OF PRINCIPLES OF NATURAL JUSTICE WHICH SEEMS TO HAVE B EEN APPARENTLY VIOLATED BY THE CIT(A) IN THIS CASE WHI CH IS NOT JUSTIFIED. IN THE INTEREST OF JUSTICE THEREFORE WE SET ASIDE THE ORDER OF THE CIT(A) AND RESTORE THE MATTER TO H IS FILE WITH A DIRECTION TO DECIDE THE ISSUES AT HAND AFTER PROVIDING DUE OPPORTUNITY OF HEARING TO BOTH THE PA RTIES. SINCE WE ARE RESTORING THE MATTER TO THE FILE OF TH E CIT(A) ON A PRELIMINARY ISSUE WE ARE REFRAINED FROM COMME NTING ON THE MERITS OF THE ISSUE AT HAND. 3. IN THE RESULT THE APPEAL OF THE REVENUE IS ALLO WED FOR STATISTICAL PURPOSES. DECISION PRONOUNCED IN THE OPEN COURT ON 25 TH MARCH 2011. SD/- SD/- (D. KARUNAKARA RAO) ACCOUNTANT MEMBER (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER PUNE DATED THE 25 TH MARCH 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT- (A)-I PUNE 4. THE CIT- I PUNE 5. THE D.R B BENCH PUNE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE