Sudarshan Chemical Industries Ltd., Pune V. ACIT, Range-6, Pune

ITA 1701/PUN/2013

• Counselvise Citation: 170124514 RSA 2013
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-12-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 05-09-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B C MALAKAR
• Assessee Lawyers: PARAS WAGHMARE; DINESH SUPEKAR
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND MS SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO.1701/PN/2013 ASSESSMENT YEAR: 2005-06 SUDARSHAN CHEMICAL INDUSTRIES LTD., 162, WELLESLEY ROAD, PUNE 411001 . APPELLANT PAN: AABCS4223P VS. THE ADDL. COMMISSIONER OF INCOME TAX, RANGE 6, PUNE . RESPONDENT APPELLANT BY : S/SHRI DINESH SUPEKAR AND PARAS WAGHMARE RESPONDENT BY : SHRI B.C. MALAKAR DATE OF HEARING : 28-01-2015 DATE OF PRONOUNCEMENT : 29-01-2015 ORDER PER G. S. PANNU, AM THE CAPTIONED APPEAL IS DIRECTED AGAINST AN ORDER O F THE COMMISSIONER OF INCOME TAX(APPEALS)-IT/TP, PUNE DATED 12.07.2013 WHICH IN TURN HAS ARISEN FROM AN ORDER PASSED BY THE ASSESSING OFFICE R U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 25.11.2008 PERTAINING TO THE ASSESSMENT YEAR 2005-06. 2. ALTHOUGH THE ASSESSEE HAS RAISED MULTIPLE GROUND S OF APPEAL, BUT THE ONLY DISPUTE IS WITH REGARD TO AN AMOUNT OF RS.6,64 ,428/- DISALLOWED BY THE INCOME TAX AUTHORITIES BY INVOKING SECTION 14A OF T HE ACT. 3. AT THE TIME OF HEARING, THE LEARNED REPRESENTATI VE APPEARING FOR THE ASSESSEE QUITE FAIRLY POINTED OUT THAT THE FACTS AN D CIRCUMSTANCES IN WHICH THE ITA NO.1701/PN/2013 IMPUGNED DISALLOWANCE HAS BEEN MADE BY THE LOWER AU THORITIES IS SIMILAR TO THOSE IN ASSESSMENT YEARS 2002-03 AND 2006-07, WHER EIN ALSO SIMILAR DISALLOWANCES WERE MADE. IT WAS POINTED OUT THAT I N ASSESSMENT YEARS 2002- 03 AND 2006-07 VIDE ITA NOS.1852/PN/2005 AND 1024/P N/2009 RESPECTIVELY, THE TRIBUNAL HAS AFFIRMED THE ACTION OF THE LOWER A UTHORITIES IN MAKING THE DISALLOWANCE UNDER SECTION 14A OF THE ACT. 4. IT WAS ALSO A COMMON POINT BETWEEN THE PARTIES T HAT IN THE INSTANT YEAR, THERE IS NO CHANGE IN FACTS AND THEREFORE, THE ABOV E PRECEDENT CONTINUES TO HOLD THE FIELD EVEN IN THE CAPTIONED PROCEEDINGS. AS A CONSEQUENCE, FOLLOWING THE ABOVE PRECEDENTS, THE ACTION OF LOWER AUTHORITI ES IN DISALLOWING A SUM OF RS.6,64,428/- BY INVOKING THE SECTION 14A OF THE AC T IS HEREBY AFFIRMED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED ON 29 TH JANUARY, 2015. SD/- SD/- (SUSHMA CHOWLA) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMB ER PUNE, DATED: 29 TH JANUARY, 2015. GCVSR COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-IT/TP, PUNE; 4) THE CIT-IT/TP, PUNE; 5) THE DR B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// ASSISTANT REGISTRAR I.T.A.T., PUNE