Assistant Commissioner of Income-tax, Ratnagiri Circle, Ratnagiri V. Parkar Hospital and Research Institute Pvt.Ltd, Ratnagiri

ITA 518/PUN/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0292 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 22-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IS DIRECTED AGAINS T PASSED
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.518/PUN/2018 / ASSESSMENT YEAR : 2010-11 ACIT, RATNAGIRI CIRCLE, RATNAGIRI VS. PARKAR HOSPITAL AND RESEARCH INSTITUTE PVT. LTD., 555, PTV LANE, THIBA PALACE ROAD, RATNAGIRI 415612 PAN : AAFCP0664H (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)-2, KOLHAPUR ON 09-01-2018 IN RELA TION TO THE ASSESSMENT YEAR 2010-11. 2. FILTERING OUT UNNECESSARY DETAILS, IT IS SEEN THAT PURSUANT TO THE ORDER PASSED U/S. 263 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED AS THE ACT), THE AO COMPLETED THE INSTANT ASSESSMENT U/S. 143(3) DETERMINING TOTAL INCOME AT APPELLANT BY SHRI M.K. VERMA RESPONDENT BY SHRI NIKHIL PATHAK DATE OF HEARING 06-12-2018 DATE OF PRONOUNCEMENT 07-12-2018 ITA NO.518/PUN/2018 PARKAR HOSPITAL AND RESEARCH INSTITUTE PVT. LTD., 2 RS.30,75,646/-. IN THE MEANTIME, THE ASSESSEE APPROA CHED THE TRIBUNAL AGAINST THE REVISIONAL ORDER PASSED U/S. 263. THE TRIBUNAL, VIDE ITS ORDER DATED 31-10-2017, HAS SET-ASIDE THE REVISIONAL ORDER. A COPY OF SUCH ORDER IS PLACED ON REC ORD. THE LD. CIT(A), IN MY CONSIDERED OPINION, WAS JUSTIFIED IN CANCELLING THE ASSESSMENT MADE PURSUANT TO THE ORDER U/S.263 OF THE ACT, WHICH HAS ITSELF BEEN QUASHED BY THE TRIBUNA L. 3. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH DECEMBER, 2018. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 07 TH DECEMBER , 2018 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, KOLHAPUR 4. / THE PR. CIT-2, KOLHAPUR 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.518/PUN/2018 PARKAR HOSPITAL AND RESEARCH INSTITUTE PVT. LTD., 3 DATE 1. DRAFT DICTATED ON 06-12-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 07-12-18 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *