ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR V. M/S MAHAVIR GLOBAL COAL LIMITED, NAGPUR

MA 7/NAG/2020

AI Insights

The case involves the Asstt. Commissioner of Income Tax Circle-1, Nagpur as the applicant and M/s. Mahavir Global Coal Ltd. as the respondent. The Revenue filed Miscellaneous Applications seeking recall of the Tribunal's consolidated orders which had dismissed their appeals due to low tax effect. The Revenue argued that the cases were protected by exceptions in the Circular dated 11/07/2018 and its amendment, which pertained to audit objections accepted by the Department regarding deductions claimed under section 80IA of the Income Tax Act for the assessment years 2012-13 and 2013-14. The Tribunal, after considering the submissions and the report dated 22/07/2024, decided to recall the earlier orders and set the appeals for a merit-based hearing.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 474251 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 4 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-10-2024
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 27-09-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 02-06-2020
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABHAY Y. MARATHE
• Assessee Lawyers: ALFIYA ROZIE
• Keywords: Tax effect; Audit objection
• Section: 80IA

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER, AND SHRI K.M. ROY, ACCOUNTANT MEMBER M.A. no.7/Nag./2020 (Arising out of ITA No.101/Nag./2018) (Assessment Year : 2012–13) Asstt. Commissioner of Income Tax Circle–1, Nagpur ……………. Applicant (Original Appellant) v/s M/s. Mahavir Global Coal Ltd. Plot no.7, Nawab Apartment Amravati Road, Tilaknagar Nagpur 440 010 PAN – AADCM4776H …………….Respondent (Original Respondent) M.A. no.13/Nag./2024 (Arising out of ITA No.32/Nag./2018) (Assessment Year : 2013–14) Asstt. Commissioner of Income Tax Circle–1, Nagpur ……………. Applicant (Original Appellant) v/s M/s. Mahavir Global Coal Ltd. Plot no.7, Nawab Apartment Amravati Road, Tilaknagar Nagpur 440 010 PAN – AADCM4776H …………….Respondent (Original Respondent) Assessee by : Ms. Alfiya Rozie Revenue by : Shri Abhay Y. Marathe Date of Hearing – 27/09/2024 Date of Order – 08/10/2024 O R D E R PER BENCH By these Miscellaneous Applications (“M.A.”) the Revenue seeks recall of the impugned consolidated order dated 15/10/2019, passed in a batch of appeals which consisted one of such appeal being ITA no.101/Nag./2018, for 2 M/s. Mahavir Global Coal Ltd. A.Y. 2012–13 and 2013–14 the assessment year 2012–13, and order dated 04/08/2023, passed in appeal being ITA no.32/Nag./2018, for the assessment year 2013–14. 2. Before us, the learned Departmental Representative submitted that the Income Tax Department accepted the objection raised by the Revenue Audit Party for the assessment year 2011–12, 2012–13 and 2013–14, on the issue of deduction claimed under section 80IA of the Act and the same was accepted by the Department. For the assessment year 2012–13, the appeal filed by the Revenue was dismissed by the Tribunal due to low tax effect and M.A. was filed before the Tribunal on 02/06/2020, for restoration of appeal. The same is the issue for ay 2013–14. Further, the Tribunal has granted liberty to file appropriate application for restoration of appeal if the case is protected by the exception prescribed in Para–10(c) of the Circular dated 11/07/2018, and its amendment dated 20/06/2018. Since these cases are protected by the exceptions prescribed in Para–10(c) of the Circular dated 11/07/2018 and its amendment dated 11/07/2018, it is, therefore, requested to recall the impugned orders dated 15/10/2019 and 04/08/2023, for adjudication merit. 3. The learned A.R. appearing for the assessee did not object to the submissions made by the learned Departmental Representative. 4. Having heard the learned Departmental Representative, it is manifest that the audit objection is accepted by the Department and hence the monetary limit is not applicable to the facts of the present cases. We also deem it fit to consider the report dated 22/07/2024. Accordingly, we hereby 3 M/s. Mahavir Global Coal Ltd. A.Y. 2012–13 and 2013–14 recall the impugned orders dated 15/10/2019 and 04/08/2023, passed in ITA no.101/Nag./2018, for the assessment year 2012–13 and ITA no.32/Nag./ 2018, for the assessment year 2013–14, respectively. The Registry is directed to fix these appeals for hearing on merit by issuing notices to the parties. 5. In the result, Miscellaneous Applications filed by the Revenue are allowed. Order pronounced in the open Court on 08/10/2024 Sd/- K.M. ROY ACCOUNTANT MEMBER Sd/- V. DURGA RAO JUDICIAL MEMBER NAGPUR, DATED: 08/10/2024 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur "