M/s. Swaraj India Industries Ltd., Satara V. Pr. Commissioner of Income-tax : 3,

ITA 469/PUN/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9448 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 15-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SUBHASH CHANDRA
• Keywords: Revision of order
• Section: 115JB; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE ! ' $!%& ! ' BEFORE SHRI D.KARUNAKARA RAO, AM & SHRI VIKAS AWAST HY, JM / ITA NO. 469/PUN/2015 &( ) *) / ASSESSMENT YEAR : 2010-11 M/S.SWARAJ INDIA INDUSTRIES LTD, S.NO.406/407, AT VILLAGE NIMBHORE, POST SURAVADI, TALUKA-PHALTAN, DIST. SATARA 415523. PAN: AABCK0391C .. APPELLANT VS. PR.COMMISSIONER OF INCOME TAX-3, PUNE. .. RESPONDENT ASSESSEE BY : SHRI SUBHASH CHANDRA DEPARTMENT BY : SHRI S.N.PURANIK DATE OF HEARING : 16-05-2017 DATE OF PRONOUNCEMENT : 17-05-2017 + / ORDER PER D.KARAUNAKARA RAO, AM : THIS IS THE APPEAL FILED BY THE ASSESSEE AGAINST THE ORDE R OF THE PR.COMMISSIONER OF INCOME TAX DATED 30/03/2015 FOR THE A SSESSMENT YEAR 2010-11 U/S 263 OF THE ACT. 2 ITA NO.469/PUN/2015, A.Y: 2010-11 OF M/S.SWARAJ INDIA INDUSTRIES. 2. IN THE GROUNDS ASSESSEE RAISED VARIOUS LEGAL ISSUES. DEVIATING FROM THOSE ISSUES, LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS ENGAGED MANUFACTURE OF PASTEURIZED MILK AND MILK PRODUCTS AND OTHER ALLIED ACTIVITIES. ASSESSMENT WAS COMPLETED DETERMINED THE TOTAL INCOME AT RS.3,00,82,299/- UNDER SPECIAL PROVISIONS OF SECTION 115JB OF THE ACT. IN THE REVISION PROCEEDINGS, PR.COMMISSIONER OF INCOME TAX DIRE CTED THE ASSESSING OFFICER TO RE-ASSESS THE INCOME OF THE ASSESSEE U/S 263 OF THE ACT AND GAVE CERTAIN DIRECTIONS. HE DID NOT APPRECIATE THE FACT THAT EVEN AFTER THE FRESH ASSESSMENT ORDER IS PASSED GIVING EFFECT TO TH E DIRECTIONS OF THE PR.COMMISSIONER OF INCOME TAX, THE INCOME OF THE ASSESSEE WOULD STILL BE ASSESSABLE UNDER SAID SPECIAL PROVISIONS AND NOT UNDER TH E NORMAL PROVISIONS. THE ADDITIONS RECOMMENDED BY PR.COMMISSIONER OF INCOM E TAX ARE NOT MEANT FOR THE SAID SPECIAL PROVISION. 4. IN THE BACKGROUND OF THE ABOVE, LD.COUNSEL FOR THE AS SESSEE SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER OF THE PR.COMMISSIONER OF INCOME TAX BECOMES ACADEMIC AS THERE IS NO CHANGE IN THE TAXABLE INCOME AFTER THE FRESH ASSESSMENT IS COMPLETE D. IN THIS REGARD, HE FURNISHED A LETTER DATED 16.05.2017 BEFORE THE COURT REQUESTING FOR WITHDRAWAL OF THE APPEAL. RELEVANT PARA IS EXTRACTED AS UNDER:- APPELLANT COMPANY HAS INSTRUCTED ME TO WITHDRAW THE APPEAL AS COMPANY DOES NOT WANT TO PURSUE THE LEGAL ISSUE AS ITS AC ADEMIC. MAY I THEREFORE REQUEST THE HONOURABLE BENCH TO KIND LY ALLOW ME TO WITHDRAW THE APPEAL. 3 ITA NO.469/PUN/2015, A.Y: 2010-11 OF M/S.SWARAJ INDIA INDUSTRIES. 5. CONSIDERING THE ABOVE, AFTER HEARING BOTH THE PARTIES, WE ARE OF THE OPINION THAT THERE IS NO CHANGE IN THE ASSESSMENT INCOM E EVEN AFTER THE FRESH ASSESSMENT IS MADE. THEREFORE, WE ARE OF THE OPINION THE APPEAL FILED BY THE ASSESSEE SHOULD BE DISMISSED AS ACADEMIC. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON 17 TH DAY OF MAY, 2017. SD/- SD/- ,$!% / VIKAS AWASTHY) , /D.KARUNAKARA RAO) & !- JUDICIAL MEMBER !- ACCOUNTANT MEMBER / PUNE; / DATED : 17 TH MAY, 2017 S S G G R R +./&01$2$*0 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. / THE ITO (HQ)3(1), PUNE 4. , , ! , / DR, ITAT, B BENCH, PUNE. 5. '# $% / GUARD FILE. & ' / BY ORDER, / / TRUE COPY / / '( ) / ASSISTANT REGISTRAR, , / ITAT, PUNE