PRAVIN GANPAT KADU, MUMBAI v. ITO WD. 4, PANVEL, PANVEL

MA 290/MUM/2016 | 2011-2012
Pronouncement Date: 29-11-2017 | Result: Allowed

Appeal Details

RSA Number 29019924 RSA 2016
Assessee PAN AMHPK6351M
Bench Mumbai
Appeal Number MA 290/MUM/2016
Duration Of Justice 1 year(s) 3 month(s) 5 day(s)
Appellant PRAVIN GANPAT KADU, MUMBAI
Respondent ITO WD. 4, PANVEL, PANVEL
Appeal Type Miscellaneous Application
Pronouncement Date 29-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 29-11-2017
Assessment Year 2011-2012
Appeal Filed On 24-08-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH MUMBAI BEFORE SHRI R.C.SHARMA AM M A NO. 290 / MUM/20 16 (ARISING OUT OF ITA NO.4165/MUM/2015) ( ASSESSMENT YEAR : 2011 - 12 ) SHRI PRAVIN GANPAT KADU HOUSE NO.480 AT NAVGHAT JNPT TOWNSHIP TALUKA: URAN DI STRICT: RAIGAD VS. I TO WARD - 4 PANVEL PAN/GIR NO. AMHPK6351M APPELLANT ) .. RESPONDENT ) ASSESSEE BY SHRI PRAKASH PANDIT REVENUE BY SHRI V JANARDHAN DATE OF HEARING 06 / 10 /201 7 DATE OF PRONOUNCEME NT 29 / 11 /201 7 / O R D E R PER R.C.SHARMA (A.M) : THIS M.A. AROUSE OUT OF ITA NO.4165/MUM/2015. 2. THROUGH THIS M.A IT WAS CONTENDED BY LEARNED AR THAT THERE IS A MISTAKE APPARENT IN THE ORDER OF TRIBUNAL DATED 20/07/2016 I N SO FAR AS GROUND NO. 3 & 4 WAS NO T DECIDED BY THE TRIBUNAL BUT WAS PRESSED DURING THE COURSE OF HEARING. OUR ATTENTION WAS INVITED TO PARA 6 OF THE ORDER WHEREIN THE TRIBUNAL HAVE OBSERVED THAT OTHER GROUNDS WERE NOT PRESSED BY LEARNED AR. THE SAME WERE THEREFORE DISMISSED AS NOT PRESSE D. 3. WE HAVE GONE THROUGH THE ORDER OF THE TRIBUNAL AND FOUND THAT IN GROUND NO. 3 & 4 ASSESSEE HAS RAISED THE ISSUE WITH REGARD TO SHARE IN THE SALE CONSIDERATION FOR THE PURPOSE OF COMPUTING CAPITAL GAINS HOWEVE R THE TRIBUNAL HAVE DECIDED ONLY THE I SSUE WITH REGARD TO M A NO.290/MUM/2016 SHRI PRAVIN GANPAT KADU 2 APPLICABILITY OF PROVISIONS OF SECTION 50C AND DECIDED THE SAME IN FAVOUR OF THE ASSESSEE. HOWEVER GROUND NO.3 & 4 REMAINS TO BE DECIDED. ACCORDINGLY WE RECALL THE ORDER OF THE TRIBUNAL TO A LIMITED EXTENT OF DECIDING GROUND NO. 3 & 4 AS PRAYED IN THE MA. 4. IN THE RESULT MA F ILED BY THE ASSESSEE IS ALLOWED IN TERMS INDICATED HEREINABOVE. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 29 / 11 /2017 S D/ - ( R.C.SHARMA ) ACCOUNTANT MEMBER MUM BAI ; DATED 29 / 11 /201 7 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER ( ASSTT. REGISTRAR) ITAT MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. //TRUE COPY//