ACIT, Circle-1, Belagavi v. Basetteppa B. Badami
[Citation -2016-LL-0916-2]

Citation 2016-LL-0916-2
Appellant Name ACIT, Circle-1, Belagavi
Respondent Name Basetteppa B. Badami
Court ITAT-Panaji
Relevant Act Income-tax
Date of Order 16/09/2016
Assessment Year 2011-12
Judgment View Judgment
Bot Summary: Application filed by the Revenue against the order of the Tribunal in ITA No. 413/PNJ/2014, dated 18/06/2015. Shri Pramod Vaidya, Advocate represented on behalf of the assessee and Shri Ramesh S. Mutagar, Departmental Representative represented on behalf of the Revenue. It was submitted by the Departmental Representative that against the decision of the Tribunal for the Assessment Years 2006-07, 2008-09 2010-11 in ITA No. 184 to 186/PNJ/2014, the Revenue had filed MA No.13/PAN/2015, which was disposed of vide an order dated 2 MA No. 53/PAN/2015 22/07/2016 dismissing the Misc. Application filed on the ground that no error had been pointed out. The Tribunal s orders for those years were on facts that insofar as the closing balance of the Assessment Years 2005-06 2007-08 has been accepted, then obviously, the opening balance for the immediately succeeding years cannot be tinkered with. Thus, it is noticed that the Revenue has not been able to point out any specific error in the order of the Tribunal in ITA No. 413/PNJ/2014, dated 18/06/2015 and consequently the Misc. Order Pronounced in the Court at the close of the hearing on Friday, the 16th day of September, 2016 at Goa.


IN INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI, HON BLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HON BLE JUDICIAL MEMBER M.A.NO. 53/PAN/2015 (ITA No. 413/PNJ/2014) (Asst. Year : 2011-12) ACIT, Circle-1, Vs. Shri Basetteppa B. Badami, Belagavi. Prop : M/s. Belgaum Pipes & Tubes, Old P.B. Road, Cantonment Complex, Belgaum PAN No. ABDPB 5252 F (Appellant) (Respondent) Assessee by : Shri Pramod Vaidya Adv. Department By : Shri Ramesh S. Mutagar - DR Date of hearing : 16/09/2016. Date of pronouncement : 16/09/2016. ORDER PER GEORGE MATHAN, JUDICIAL MEMBER This is Misc. Application filed by Revenue against order of Tribunal in ITA No. 413/PNJ/2014, dated 18/06/2015. 2. Shri Pramod Vaidya, Advocate represented on behalf of assessee and Shri Ramesh S. Mutagar, Departmental Representative represented on behalf of Revenue. 3. It was submitted by Departmental Representative that against decision of Tribunal for Assessment Years 2006-07, 2008-09 & 2010-11 in ITA No. 184 to 186/PNJ/2014, Revenue had filed MA No.13/PAN/2015, which was disposed of vide order dated 2 MA No. 53/PAN/2015 22/07/2016 dismissing Misc. Application filed on ground that no error had been pointed out. Tribunal s orders for those years were on facts that insofar as closing balance of Assessment Years 2005-06 & 2007-08 has been accepted, then obviously, opening balance for immediately succeeding years cannot be tinkered with. Thus, it is noticed that Revenue has not been able to point out any specific error in order of Tribunal in ITA No. 413/PNJ/2014, dated 18/06/2015 and consequently Misc. Application filed by Revenue stands dismissed. 4. In result, Misc. Application filed by Revenue stands dismissed. Order Pronounced in Court at close of hearing on Friday, 16th day of September, 2016 at Goa. Sd/- sd/- (N.S.SAINI) (GEORGE MATHAN) Accountant Member Judicial Member Dated : 16 t h September , 2016. vr/- Co py t o : 1. Assessee. Shri Basetteppa B. Badami, Prop : M/s. Belgaum Pipes & Tubes, Old P.B. Road, Cantonment Complex, Belgaum. 2. Revenue . ACIT, Circle-1, Belagavi. 3. CIT , Be lg u m . 4. T h e CI T (A) , Belgaum. 5. D.R. 6. G ua r d file . By order Assistant Registrar I.T.A.T., Panaji ACIT, Circle-1, Belagavi v. Basetteppa B. Badami
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