Deputy Commissioner of Income-Tax, Cir -8, Pune V. Mayoor Heavy Equipments P Ltd, Pune

ITA 342/PUN/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3947 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2022
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2019-2020
• Appeal Filed On: 25-08-2021
• Court: TRIBUNAL
• Assessee Lawyers: PATHAK

Judgement Text

आयकर अपीलीय अिधकरण “ए” ायपीठ पुणे म । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR.DIPAK P.RIPOTE, ACCOUNTANT MEMBER आयकरअपीलसं . / ITA No.342/PUN/2021 िनधा रण वष / Assessment Year: 2019-20 Mayoor Heavy Equipments Private Limited, W-210, MIDC, Bhosari, Pune 411 026, Maharashtra PAN : AABCM2592H Vs The Deputy Commissioner of Income Tax, Circle-8, Pune Appellant/ Assessee Respondent /Revenue Assessee by Shri Pathak Revenue by Shri Ramnath P. Murkunde – DR Date of hearing 15/09/2022 Date of pronouncement 23/09/2022 आदेश / ORDER Per S.S.Godara, JM: This assessee’s appeal for A.Y.2019-20 is directed against the National Faceless Appeal Centre/ Delhi’s order dated 28.07.2021 passed in Case No. ITBA/NFAC/S/250/2021-22/1034475673(1), in proceedings u/s.250 of the Income Tax Act, 1961, in short “the Act”. Heard both the parties. Case file perused. 2. It emerges at the outset that the assessee has invoked this tribunal’s second appellate jurisdiction under the provisions of the Act against the CPC’s proposal regarding adjustment dated 04-12-2019. The CIT(A) holds in para 2 and 3 of his lower appellate order that such an appeal is not maintainable being premature. The very ITA No.342/PUN/2021 for A.Y. 2019-20 Mayoor Heavy Equipments Pvt. Ltd., 2 factual position continues before us as well once it has come on record that the CPC had merely proposed to make adjustment u/s.143(1)(a) vide its communication dated 04-12-2019. 3. Faced with this situation, learned counsel representing the assessee seeks to withdraw the instant appeal with liberty to take recourse to appropriate remedy as per law, if so advised. The Revenue is equally fair in not contesting this withdrawal prayer. Ordered accordingly. 4. This assessee’s appeal is dismissed as ‘withdrawn’ in above terms. Order pronounced in the open Court on 23 rd September, 2022. Sd/- Sd/- (DIPAK P.RIPOTE) (S S GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; दनांक / Dated : 23 rd September, 2022 Satish आदेश क ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. यथ / The Respondent. 3. The CIT(A) concerned. 4. The Pr. CIT concerned. 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “ ए” ब च, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाड फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकरअपीलीयअिधकरण, पुणे/ITAT, Pune. ITA No.342/PUN/2021 for A.Y. 2019-20 Mayoor Heavy Equipments Pvt. Ltd., 3 S.No Details Date Initials Designation 1 Draft dictated on 16.09.2022 Sr. PS/PS 2 Draft placed before author 19.09.2022 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order