Kirloskar Oil Engines Ltd., Pune V. Joint Commissioner of Income-tax, Pune

MA 17/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5320 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 29-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rule 8D

Judgement Text

आयकर अपीऱीय अधिकरण “ए” न्यायपीठ प ु णे म ें । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE (Through Virtual Court) BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER विविि आिेदन सं. / MA No.17/PUN/2021 (Arising out of ITA No.406/PUN/2015) ननिाारण िर्ा / Assessment Year : 2010-11 Kirloskar Oil Engines Ltd., Laxmanrao Kirloskar Road, Khadki, Pune-411003 PAN : AADCK5714H ......अऩीऱाथी / Appellant बनाम / V/s. Joint Commissioner of Income Tax, Range – 9, Pune ......प्रत्यथी / Respondent Assessee by : Shri C.H. Naniwadekar Revenue by : Shri Piyush Kumar Singh Yadav स ु नवाई की तारीख / Date of Hearing : 21-01-2022 घोषणा की तारीख / Date of Pronouncement : 21-01-2022 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : By this Miscellaneous Application the assessee seeks to rectify the inadvertent error crept in the order dated 21-11-2019 passed by this Tribunal in ITA No. 406/PUN/2015 for A.Y. 2010-11. 2 MA No. 17/PUN/2021, A.Y. 2010-11 2. We note that this Miscellaneous Application was filed with a delay of 30 days. After hearing both the parties, we find that the reasons stated by the assessee are bonafide which really prevented the assessee to file the present Miscellaneous Application in time. Therefore, the delay of 30 days are condoned. 3. The contention of ld. AR is that this Tribunal dismissed the assessee’s ground of appeal challenging the action of AO making disallowance under Rule 8D without recording the satisfaction. The ld. AR referring to ground raised by the Revenue in ITA No. 79/PUN/2015 and submits that this Tribunal restored the issue raised before this Tribunal to the file of AO for consideration of the disallowance to the extent of interest under Rule 8D(2)(ii) of the Rules. According to ld. AR that dismissing the ground raised by the assessee and restoring the ground raised by the Revenue is an inadvertent error crept in the order of Tribunal. We note that this Tribunal discussed the issue of recording satisfaction in Para No. 9 and disallowing the same, held the AO recorded satisfaction before applying the provisions of Rule 8D of the Rules and restored the ground raised by the Revenue to the file of AO which are independent and no prejudice is caused to the right of the assessee and also no bar on the AO for consideration of issue in respect of interest under Rule 8D2(ii) of the Rules notwithstanding the dismissal of ground challenging the action of AO for non-recording of satisfaction. Thus, no inadvertent error as canvassed by the ld. AR. Accordingly, the Miscellaneous Application fails and it is dismissed. 3 MA No. 17/PUN/2021, A.Y. 2010-11 4. In the result, the Miscellaneous Application filed by the assessee is dismissed. Order pronounced in the open court on 21 st January, 2022. Sd/- Sd/- (Inturi Rama Rao) (S.S. Viswanethra Ravi) ACCOUNTANT MEMBER JUDICIAL MEMBER ऩ ु णे / Pune; ददनाांक / Dated : 21 st January, 2022. रवव आदेश की प्रनिलऱवप अग्रेवर्ि / Copy of the Order forwarded to : 1. अऩीऱाथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The CIT(A)-V, Pune 4. The CIT-V, Pune 5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, “ए” बेंच, ऩ ु णे / DR, ITAT, “A” Bench, Pune. 6. गार्ड फ़ाइऱ / Guard File. //सत्यावऩत प्रतत// True Copy// आदेशान ु सार / BY ORDER, वररष्ठ तनजी सधचव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण ,ऩ ु णे / ITAT, Pune