Appeal details
Counselvise Citation
[2016] 124 COUNSELVISE.COM (IT) 4596 (ITAT-PANAJI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 3 month(s) 5 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
22-07-2016
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
DB
Next Hearing Date
22-07-2016
Assessment Year
2007-2008
Appeal Filed On
17-04-2015
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI NARENDRA S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN , HONBLE JUDICIAL MEMBER M A NO. 21 /PAN /201 5 (ARISING OUT OF ITA NO.266/PAN / 201 3 ) : (ASST. Y R : 20 07 - 08 ) ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), PANAJI, GOA. ( APPELLANT) VS. M/S MOHIT ISPAT LTD, 712, 7 TH FLOOR, GERA IMPERIUM, PATTO, PANAJI, GOA. PAN : AACCM8154E (RESPONDENT) A PPELLANT BY : SHRI ANAND S. MARATHE, LD. DR. RE SPONDENT BY : SHRI SHRINIVAS NAYAK, C.A. D ATE OF HEARING : 22 / 0 7 /201 6 DATE OF ORDER : 22 / 0 7 /201 6 O R D E R PER NARENDRA S. SAINI : THIS IS A M ISCELLANEOUS APPLICATION FILED BY THE REVENUE IN THE ORDER OF THE T RIBUNAL IN ITA NO. 2 85 /PAN /201 4 DATED 2 5 .11 .2014 . 2 . SHRI ANAND S. MARATHE, LD. DR., REPRESENTED ON BEHALF OF THE REVENUE AND SHRI SHRINIVAS N AYAK, C.A., REPRESENTED ON BEHALF OF THE ASSESSEE. 3 . IT WAS SUBMITTED BY T HE LD. D R THAT THE APPEAL OF THE REVENUE HAS BEEN DISMISSED ON ACCOUNT OF TAX EFFECT. IT WAS A SUBMISSION THAT THE ISSUES IN THE APPEAL WERE TWO FOLD ONE AGAINST AN ADDITION OF RS.58,20,026/ - DELETED BY THE LD. CIT(A) AFTER SUSTAINING AN ADD ITION OF RS.4,65,602/ - AND THE SECOND ISSUE AGAINST THE WRONG CLAIM OF CENVAT TO AN EXTENT OF RS.9,38,902/ - WHICH IS DELETED BY THE LD. CIT(A). IT WAS A SUBMISSION THAT CONSEQUENTLY THE APPEAL OF 2 MA NO. 21 / PAN/201 5 (ARISING OUT OF ITA NO.285 /PAN/2013 4 ) (ASST. YR: 2007 - 08 ) THE REVENUE WAS NOT HIT BY THE CONDITIONS IN RESPECT OF TA X EFFECT. IT WAS A SUBMISSION THAT THE ORDER OF THE TRIBUNAL WAS LIABLE TO BE RECALLED AND THE APPEAL IS DISMISSED ON MERITS. 4. IN REPLY THE LD. A R, SUBMITTED THAT IN RESPECT OF THE BOGUS PURCHASE OF RS.58,20,026/ - THERE WAS NO GROUND RAISED BY THE REVENUE IN REVENUES APPEAL. HE DREW OUR ATTENTION TO THE APPEAL FILED BY THE REVENUE. WHEN THIS WAS PUT TO THE LD. D.R HE HAS NOTHING TO SAY. 5. WE HA VE CONSIDERED THE RIVAL SUBMISSIONS. THE PERUSAL OF THE GROUNDS OF APPEAL FILED BY THE REVENUE CLEARLY SHOW S THAT NO GROUND HAS BEEN RAISED AGAINST THE BOGUS PURCHASES WHICH HA S BEEN DELETED BY THE LD. CIT(A). THE THREE GROUNDS RAISED BY THE REVENUE ARE AGAINST THE WRONG CLAIM OF CENVAT WHICH HAS BEEN DELETED BY THE LD. CIT(A). CONSEQUENTLY, THE APPEAL OF THE REVENUE HAS BEEN RIGHTLY DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 6. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE REVENUE STANDS DISM ISSED . 7 . ORDER PR ONOUNCED IN THE OPEN COURT ON 22 . 0 7 .201 6 . SD/ - ( GEORGE MATHAN ) JUDI CIAL ME MBER SD/ - ( NARENDRA S. SAINI ) AACCOUNTANT M EMBER P LACE : PANAJI - GOA DATED : 22 / 0 7 /201 6 *A* COPY TO : ( 1 ) APPELLANT 3 MA NO. 21 / PAN/201 5 (ARISING OUT OF ITA NO.285 /PAN/2013 4 ) (ASST. YR: 2007 - 08 ) ( 2 ) RESPONDENT ( 3 ) CIT CONCERNED ( 4 ) CIT(A) CONCERNED ( 5 ) D.R ( 6 ) GUARD FILE TRUE COPY, BY O RDER ASSISTANT REGISTRAR ITAT, PANAJI BENCH, PANAJI
