ITO4(1), Indore V. M/s. Pushpak Fincom (P) Ltd., Indore

ITA 978/Ind/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6858 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 05-04-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 11-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RANJAN; S AJAY TULASIYAN
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE HONBLE MANISH BORAD, ACCOUNTANT MEMBER AND BEFORE HONBLE MADHUMITA ROY, JUDICIAL MEMBER ITA NO.978/IND/2019 ASSESSMENT YEAR 2015-16 INCOME TAX OFFICER 4(1), INDORE : REVENUE V/S M/S. PUSHPAK FINCOM (P) LTD, 307, THE MARK, 19/2 OLD PALASIA, INDORE : ASSESSEE PAN : AADCP1367R REVENUE BY SHRI HARSHIT BARI, SR.DR ASSESSEE BY S/ SHRI AJAY TULASIYAN & RANJAN AGRAWAL, ARS DATE OF HEARING 05.04 .2021 DATE OF PRONOUNCEMENT 06 . 0 4 . 202 1 O R D E R PER MADHUMITA ROY, J.M THE INSTANT APPEAL FILED BY THE REVENUE IS DIRECTE D AGAINST THE ORDER DATED 18.09.2019 PASSED BY LD. CIT(A)-II, IND ORE ARISING OUT OF THE ORDER DATED 30.12.2017 PASSED BY THE ITO-4(1 ) U/S 143(3) OF THE INCOME TAX ACT 1961(HEREINAFTER REFERRED TO AS ACT) FOR PUSHPAK FINCOM PVT. LTD ITA NO.978/IND/2019 2 ASSESSMENT YEAR 2015-16 WHEREIN THE ADDITION OF RS. 2,20,01,250/- WAS MADE ON PROTECTIVE BASIS IN THE HANDS OF THE AS SESSEE. HOWEVER AS PER THE SUBMISSIONS MADE BY THE LD. AR A ND THE RECORDS MADE AVAILABLE BEFORE US, THE SUBSTANTIVE A DDITION MADE IN THE HANDS OF ONE M/S VIJAYSHRI PACKAGING LIMITED AS DELETED BY THE LD. CIT(A) HAS BEEN UPHELD BY THIS TRIBUNAL VIDE IT S ORDER DATED 09.02.2021 IN APPEAL PREFERRED BY THE REVENUE BEARI NG ITA NO.721/IND/2019 WHICH HAS CLEARLY NOT BEEN CONTROVE RTED BY THE LD. DR. WHEN THE SUBSTANTIVE ADDITION HAS BEEN DEL ETED AND FINALLY SUCH ORDER HAS BEEN UPHELD BY THIS TRIBUNAL, THE AD DITION ON PROTECTIVE BASIS BECOMES INFRUCTUOUS. THUS THE APPEAL PREFERRED BY THE REVENUE IS FOUND TO BE INFRUCTUOUS AND DEVOID OF ANY MERIT AND HENCE DISMI SSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 06.04.202 1 SD/- SD/- (MANISH BORAD) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER / DATED : 06 APRIL, 2021 /DEV PUSHPAK FINCOM PVT. LTD ITA NO.978/IND/2019 3 COPY TO: THE APPELLANT/RESPONDENT/CIT CONCERNED/CIT (A) CONCERNED/ DR, ITAT, INDORE/GUARD FILE. BY ORDER, ASSTT.REGISTRAR, I.T.A.T., INDORE