Shri Chhatrapati Sahakari Sakhar Karkhana Ltd.,, Bhavani Nagar v. ACIT, Cir. 6(1), Pune, Pune

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI SHAILENDRAKUMAR YADAV AND SHRI D. KARUNAKARA RAO ITA NO. 844/PN/09 (ASSTT. YEAR 2006-07) SHRI CHHATRAPATI SAHAKARI SAKHAR KARKHANA LTD. BHAVANINAGAR PINCODE : 413 104 TAL. INDAPUR DIST. PUNE PAN NO. AAAAS3869 .... APPELLANT VS. ACIT CIRCLE-6(1) PUNE . RESPONDENT APPELLANT BY : SHRI P.S. PHADNIS/ S.P. JOSHI RESPONDENT BY : SHRI A.S. SINGH ORDER PER D. KARUNAKARA RAO AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE CIT(A)-II PUNE DATED 05/06/2009 FOR THE ASSESSMENT YEAR 2006-07 . AT THE VERY OUTSET IT IS INFORMED TO US THAT THE PRESENT ISSUE UNDER CONSIDERATI ON RELATES TO THE GROUND NO. 3 OF THIS APPEAL WHICH IS RECALLED VIDE MA NO. 17/PN/10 VIDE PARA 3 ORDER DATED 13-05-2010. FURTHER IT IS MENTIONED THAT THIS RECALLED ISSUE HAS TO GO TO THE FILES OF THE A.O AS THE AREA DEVELOPMENT FUND CO LLECTIONS WHICH WERE ORIGINALLY OFFERED IN THE RETURN OF INCOME FOR THIS A.Y IN FACT BY THE ASSESSEE PERTAINS TO THE EARLIER YEARS AND IT SHOULD BE TAXED IN PROPER A.YS. 2. LD. DR RELIED ON THE ORDERS OF THE REVENUE AND MENT IONED THAT A.O TAXED THE SAME AS PER THE RETURN OF INCOME. WE FIND THAT FA CTUALLY THIS IS THE CASE WHERE ASSESSEE MADE AREA DEVELOPMENT FUND COLLECTIONS FROM THE MEMBERS AND THE SAID COLLECTIONS WAS OFFERED AS A INCOME OF THE ASSESSEE FOR THE ASSESSMENT UNDER CONSIDERATION WHEN THE SAID COLLECTIONS PERTAIN S TO THE EARLIER ASSESSMENT YEARS. WE HAVE NO RECORDS TO KNOW THE CLAIM OF THE AS SESSEE. FOR WANT OF FACTS AND THE DETAILS RELATING TO THE SAID COLLECTIONS AS AGREED BY THE ASESSEE WE ARE OF THE OPINION THAT THE MATTER HAS TO BE SET ASIDE T O THE FILES OF THE A.O. WHO ITA NO. 844/PN/09 A.Y: 2006-07 PAGE 2 OF 2 SHALL ADJUDICATE THE ISSUE AFRESH AFTER CONSIDERING T HE SUBMISSIONS OF THE ASSESSEE. HOWEVER HE SHOULD GRANT REASONABLE OPPORTUN ITY OF BEING HEARD TO THE ASSESSEE. ACCORDINGLY GROUND NO. 3 IS SET ASIDE. 3. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST DAY OF FEBRUARY 2011. SD/- SD/- (SHAILENDRAKUMAR YADAV) (D.KAR UNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 21 ST FEBRUARY 2011 R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. ACIT CIRCLE-6(1) PUNE 3. CIT(A)-II PUNE 4. CIT-III PUNE 5. D.R. ITAT B BENCH BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE