Eagle Flask Industries Pvt.Ltd, Pune V. Deputy Commissioner of Income-tax, Circle - 8, Pune

ITA 960/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3942 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 01-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIVYA BAJPAI
• Keywords: Cost of acquisition; Capital Gains

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 Nos.3032/PUN/2017 & 960/PUN/2019 िनधा रण वष / Assessment Year: 2012-13 Eagle Flask Industries Pvt. Ltd., 4 th Floor, Parmar Gallery, Shivarkar Road, Wanowari, Pune 411 047 PAN : AAACE4197M Vs The Deputy Commissioner of Income Tax, Circle-8, Pune Appellant/ Assessee Respondent /Revenue Assessee by Shri M.K. Kulkarni Revenue by Smt. Divya Bajpai – DR Date of hearing 15/09/2022 Date of pronouncement 23/09/2022 आदेश / ORDER Per S.S.Godara, JM: These assessee’s twin appeals, both for A.Y.2012-13, arise against the Commissioner of Income Tax (Appeals)-6, Pune’s orders dated 30.10.2017 and 17.05.2019 passed in Case Nos.PN/CIT(A)-6/DCIT Cir- 8/10714/2016-17 and No.PN/CIT(A)-6/DCIT Cir-8/ 10356/2018-19, in proceedings u/s.143(3) r.w.s.147 and u/s.143(3) r.w.s.250 of the Income Tax Act, 1961, in short “the Act”; appeal wise respectively. Heard both the parties. Case files perused. 2. Mr. Kulkarni submits at the outset that the assessee presses for the sole common issue of long term capital gain addition amounting to Rs.15,55,00,000/- only wherein the lower authorities have treated the ITA Nos.3032/PUN/2017 & 960/PUN/2019 for A.Y. 2012-13 Eagle Flask Industries Pvt. Ltd. 2 entire sale consideration than only the capital gains element therein as taxable under the provisions of the Act. 3. We note in this limited factual backdrop that there is hardly any much requirement for us to delve deeper in the relevant factual matrix since the assessee’s former appeal ITA No.3032/PUN/2017 is directed against the CIT(A) directions to the Assessing Officer to allow the indexed cost of acquisition in consequential computation (para Nos. 10.2.4. page 8) in his lower appellate order dated 30-10-2017. It further emerges that the Assessing Officer’s consequential order dated 26-11-2018 (forming subject matter of challenge in assessee’s latter appeal ITA No.960/PUN/2019) nowhere considered the foregoing directions in his consequential computation which stands upheld in the CIT(A) lower appellate order as well. It is thus an instance wherein both the assessing authority as well as the CIT(A) have not considered the assessee’s sole substantive grievance pressed herein pertaining to the computation of the correct long term capital gains amount. 4. The Revenue vehemently argued that the assessee has not filed the corresponding cost of acquisition details in the lower proceedings. We do not see any such discussion indicating the assessee’s alleged failure before the Assessing Officer or the CIT(A); as the case may be, sofar as the latter round of remand proceedings is concerned. We, therefore, deem it appropriate to restore the assessee’s solitary common ITA Nos.3032/PUN/2017 & 960/PUN/2019 for A.Y. 2012-13 Eagle Flask Industries Pvt. Ltd. 3 substantive ground in both these appeals back to the Assessing Officer for his afresh computation of capital gains in tune with the CIT(A)’s former round of directions in Para 10.2.4 dated 30-10-2017. The assessee is also directed to file on record all the relevant details indicating cost of acquisition, if so advised. Ordered accordingly. 5. No other ground or argument has been pressed before us. 6. Both these assessee’s appeals Nos.3032/PUN/2017 and 960/PUN/2019 are partly allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files. 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 Nos.3032/PUN/2017 & 960/PUN/2019 for A.Y. 2012-13 Eagle Flask Industries Pvt. Ltd. 4 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