M/s. Elemec Industries, Pune V. Assistant Commissioner of Income-tax,

CO 102/PUN/2013

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 9636 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-05-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 17-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HEMANT KUMAR C LUEVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI G.S. PANNU, ACCOUNTANT MEMBER CO NO.102/PN/2013 (ARISING OUT OF ITA NO.2248/PN/2012) (A.Y: 2009-10) ELEMEE INDUSTRIES PLOT NO.A-119/122, H-BLOCK, MIDC, PIMPRI, PUNE - 411018 PAN: AAAFE7347N CROSS OBJECTOR VS. ACIT, CIRCLE 8, PUNE APPELLANT ASSESSEE BY : NONE DEPARTMENT BY : SHRI HEMA NT KUMAR C LUEVA DATE OF HEARING: 26.05.2014 DATE OF ORDER : 28.05.2014 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS CROSS OBJECTION HAS BEEN FILED BY THE ASSESSE E ARISING OUT OF ORDER PASSED IN ITA NO.2248/PN/2012 DATED 21 .03.2014 FOR A.Y. 2009-10 ON THE FOLLOWING GROUNDS. 1. BASED ON THE FACTS OF THE CASE THE LEARNED COMMISSI ONER OF INCOME TAX (APPEALS) V, PUNE (HEREINAFTER REFE RRED TO AS CIT(A), WAS RIGHT IN HOLDING THAT THE PROVISIONS OF SECTION 36(2) (VII) R.W.S. 36(2) OF THE INCOME TAX ACT, 1961. THE ORDER PASSED BY THE LEARNED CIT(A) BE UP HELD. 2. BASED ON THE FACTS OF THE CASE THE LEARNED COMMISSI ONER OF INCOME TAX (APPEALS) V, PUNE (HEREINAFTER REFE RRED TO AS CIT(A), WAS RIGHT IN ALLOWING THE CREDIT FOR RECONCILIATION BETWEEN ITS DATA AND BOOKS OF ACCOUN T. THE ORDER PASSED BY THE LEARNED CIT(A) BE UPHELD. 2 2. WE FIND THAT THE CROSS OBJECTION IS NOTHING BUT TO ACCEPT AND UPHOLDING THE ORDER OF CIT(A) ON THE ISSUE DECI DED AGAINST THE ASSESSEE. WE HAVE ALREADY BEEN DECIDED THE APP EAL OF ASSESSEE AS WELL AS REVENUE VIDE ORDER DATED 21.03. 2014, WHEREIN, THE APPEALS OF ASSESSEE AND REVENUE HAVE B EEN DISMISSED. SO, THE ISSUE RAISED IN THE CROSS OBJEC TION HAS ALREADY BEEN TAKEN CARE OF. SAME GOES INFRUCTUOUS. 3. IN THE RESULT, CROSS OBJECTION FILED BY THE ASSE SSEE IS DISMISSED AS DISCUSSED ABOVE. PRONOUNCED IN THE OPEN COURT ON THIS THE DAY 28 TH OF MAY, 2014. SD/- SD/- (G.S. PANNU) (SHAILENDRA KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE, DATED: 28 TH MAY, 2014 GCVSR COPY TO:- 1) ASSESSEE 2) DEPARTMENT 3) THE CIT(A) V, PUNE 4) THE CIT V, PUNE 5) THE DR, A BENCH, I.T.A.T., PUNE. 6) GUARD FILE BY ORDER //TRUE COPY// SENIOR PRIVATE SECRETARY, I.T.A.T., PUNE