Thermax Onsite Energy Solutions Limited, Pune V. Pr. Commissioner of Income-tax -4, Pune

ITA 895/PUN/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 8758 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 17-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS NANDITA KANCHAN
• Assessee Lawyers: R D ONKAR
• Section: 201; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE BEFORE SHRI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, J UDICIAL MEMBER . / ITA NO . 895 /PUN/201 8 / ASSESSMENT YEAR : 20 1 4 - 1 5 THERMAX ONSITE ENERGY SOLUTIONS L IMITED , 14, MUMBAI PUNE ROAD, WAKDEWADI, PUNE 411003 PAN : AA DCT2702L ....... / APPELLANT / V/S. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 4 , PUNE / RESPONDENT ASSESSEE BY : SHRI R.D. ONKAR REVENUE BY : MRS. NANDITA KANCHAN / DATE OF HEARING : 19 - 1 1 - 2019 / DATE OF PRONOUNCEMENT : 19 - 1 1 - 2019 / ORDER PER S.S. VISWANETHRA RAVI, JM : THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 29 - 03 - 201 8 PASSED U/S 263 OF THE INCOME - TAX ACT, 1961 BY THE PR. COMMISSIONER OF INCOME TAX - 4 , PUNE [CIT] FOR ASSESSMENT YEAR 20 1 4 - 1 5 . 2 ITA NO. 895 /PUN/201 8 , A.Y. 201 4 - 1 5 2. THE LD. AR AT THE OUTSET SOUGHT PERMISSION TO WITHDRAW THE CAPTIONED APPEAL AND PLACED ON RECORD FACT SHEET STATING THAT THE PRESENT APPEAL HAS BECOME INFRUCTUOUS. THE FACT SHEET READS AS UNDER: - LEARNED PRINCIPAL COMMISSIONER OF INCOME TAX INVOKING REVISIONAL POWERS U/S. 263 ISSUED D IRECTIONS TO THE AO TO REFER THE SPECIFIED DOMESTIC TRANSACTIONS TO THE TPO. THE LEARNED TPO CONSEQUENT TO THE SAID DIRECTIONS OF PRINCIPAL CIT HAS PASSED ORDER U/S 92CA(3) ACCEPTING ON MERITS THE SPECIFIED DOMESTIC TRANSACTIONS ENTERED INTO BY THE APPELL ANT TO BE AT ARMS LENGTH. THE IMPUGNED APPEAL OF THE ASSESSEE HAS THUS BECOME INFRUCTUOUS. 3. THE L D. DR HAS NOT OBJECTED FOR THE PRAYER OF LD. AR . ACCORDINGLY, THE PRAYER OF LD. AR IS GRANTED. THUS, THE APPEAL OF ASSESSEE IS DISMISSED AS HAVING BEEN WITHDRAWN. 4 . IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH NOVEM BER, 2019. SD/ - SD/ - ( ANIL CHATURVEDI ) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 1 9 T H NOVEMB ER, 2019 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3 . , , , / DR, ITAT, B BENCH, PUNE. 4 . / GUARD FILE. // // TRUE COPY// / BY ORDER, / SR. PRIVATE SECRETARY , / ITAT, PUNE