Swami Krishnanand Govindananad v. Managing Director, Oswal Hosiery (Regd.)

Kumar Housing Corporation Private Limited(Previously Kunown As Kul Urban Development Pvt. Ltd), Pune vs. The Income Tax Officer, Ward-14(2), Pune

In the result, the appeal filed by the assessee is allowed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

…ns of fact and law cannot decide cases as the evidence, as a whole has to be weighed and inferences drawn therefrom. 14. We find the Hon’ble Supreme Court in the case of Swami Krishnanand Govindanand Vs. Managing Director, Oswal Hosiery reported in (2002) 3 SCC 39 has held that even a concession on facts disputed by a respondent in its written statement cannot bind the respondent, on an occasion, that the statement made by the counsel cannot be accepted as an admission so as to bind the respondent. 15. We find the Hon’ble Supreme Court in the case of C.M. Arumugam Vs. S. Rajgopal reported in (1976) 1 SCC 8…

Chandrashekahar Ashok Joshi, Nashik vs. Deputy Commissioner of Income-Tax, Circle - 1, Nashik

Bench: Shri S. S. Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 690/Pun/2018 निर्धारण वर्ा / Assessment Year : 2012-2013 Chandrashekhar Ashok Joshi Krishnakunj, Makhmalabad Naka, Rajdal Colony, Panchwati,Nashik – 422003 . . . . . . . अपीऱधर्थी / Appellant Pan:Aaxpj0797N बनाम / V/S. Dy. Commissioner Of Income Tax, . . . . . . . प्रत्यर्थी / Respondent Circle – 1, Nashik द्वारा / Appearances Assessee By : Shri Sanket M Joshi Revenue By : Shri Ramnath P Murkunde सुनवाई की तारीख / Date Of Conclusive Hearing : 12/10/2022 घोषणा की तारीख / Date Of Pronouncement : 09/11/2022 आदेश / Order Per G. D. Padmahshali, Am; This Appeal Defies The Order Of Commissioner Of Income Tax (Appeals)-1, Nashik [For Short “Cit(A)”] Dt. 14/02/2018 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Ascended Out Of Assessment Order Dt. 20/03/2015 Passed U/S 143(3) By The Dy. Commissioner Of Income Tax, Circle-1, Nashik [For Short “Ao”] For Assessment Year [For Short “Ay”] 2012-13. Itat-Pune Page 1 Of 12

…w, has reagitated the disallowance before this Tribunal on the premise of Hon’ble Apex Court decision in the case of “Swami Krishnanand Govindananad Vs MD ITAT-Pune Page 9 of 12 Chandrashekhar A Joshi ITA No.690/PUN/2018AY: 2012-13 Oswal Hosiery” reported in 3 SCC 39, for the reason it is appropriate to reproduce the text of Rule 29 of ITAT Rules which deals with the issue as; “29. Production of additional evidence before the Tribunal. – The parties to the appeal shall not be entitled to produce additional evidence either oral or documentary before the Tribunal, but if the Tribunal requires any documents to be p…

Deputy Commissioner of Income-Tax, Circle - 1(2), Pune vs. M/S. Phadins Clinic Private Limited, Pune

In the result, the appeal of Revenue is dismissed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

…cases as the evidence as a whole has to be weighed and inferences drawn therefrom. We note, further, the Hon’ble Supreme Court referred to a decision in the case of Swami Krishnanand Govindananad Vs. Managing Director, Oswal Hosiery (Regd.) reported in (2002) 3 SCC 39 which held, even a concession on facts disputed by a respondent in its written statement cannot bind the respondent, on an occasion, that the 5 ITA No. 1666/PUN/2018, A.Y. 2011-12 statement made by the counsel cannot be accepted as an admission so as to bind the respondent. Further, the Hon’ble Supreme Court referred to a decision in the case of C.…