Kaeser Compressors (India) Private Limited, Pune V. Income-tax Officer, Pune

ITA 903/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8574 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-07-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 13-04-2017
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, PUNE BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY , JM . / I TA NO. 903 /PUN/20 17 / ASSESSMENT YEAR : 2012 - 13 KAESER COMPRESSORS (INDIA) PRIVATE LIMITED. PLOT NO.1 AND 2, SURVEY NO.297, 298 AND 299, INDO GERMAN TECHNOLOGY PARK, URAWADE, TALUKA - MULSHI, PUNE - 412108 PAN : AABCK6945N ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 14(2), PUNE. / RESPONDENT A SSESSEE BY : SHRI KETAN VED & SHRI AMIT SINGHAL REVENUE BY : MS. KESANG Y SHERPA, CIT / DATE OF HEARING : 15 .0 7 .2019 / DATE OF PRONOUNCEMENT : 15 .0 7 .2019 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE DIRECTION OF THE LD. DISPUTE RESOLUTION PANEL (DRP) DATED 05.12.2016 FOR THE ASSESSMENT YEAR 2012 - 13 AS PER THE GROUNDS OF APPEAL ON RECORD. 2 ITA NO. 903 /PUN/20 17 A.Y. 2012 - 13 2. AT THE VERY OUTSET, THE LD. AR OF THE ASSESS EE SUBMITTED THAT THIS APPEAL HAS BECOME ACADEMIC IN NATURE BECAUSE NECESSARY RELIEF HAS BEEN AL LOWED BY THE LD. DRP ON THE COMPARABLES. 3. THE LD. DR FAIRLY CONCEDED TO THE SUBMISSION S PUT FORTH BY THE LD. AR OF THE ASSESSEE. 4. WE HAVE PERUSED THE CASE RECORDS AND HEARD THE RIVAL CONTENTIONS. IN VIEW OF THE SUBMISSION MADE BY THE LD. AR OF THE ASSESSEE AND EXAMINATION OF FACTS ON RECORD , SINCE NECESSARY RELIEF HAS BEEN PROVIDED BY THE LD. DRP ON THE COMPARABLES TO THE ASSESSEE, APPEAL BEFORE US HA S BECOME ACADEMIC IN NATURE AND HENCE, INFRUCTUOUS AND DISMISS ED AS SUCH. 5. IN THE RESULT, A PPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRO NOUNCED ON 15 TH DAY OF JU LY , 201 9 . SD/ - SD/ - R.S.SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 15 TH JU LY , 2019 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(TP), PUNE. 4. THE CIT - 6, PUNE. 5 . , , , / DR, ITAT, C BENCH, PUNE. 6 . / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 3 ITA NO. 903 /PUN/20 17 A.Y. 2012 - 13 DATE 1 DRAFT DICTATED ON 15 .0 7 .2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 15 .0 7 .201 9 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 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