Deputy Commissioner of Income-tax, Circle - 1(1), Pune V. M/s. Adwitiya Projects (India) Pvt.Ltd, Pune

MA 22/PUN/2021

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1151 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-03-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 28-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SUHAS BORA SHRI S P WALIMBE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH C, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M.A. NO.22/PUN/2021 (ARISING OUT OF ITA NO.2110/PUN/2017) / ASSESSMENT YEAR : 2014-15 DCIT, CIRCLE-1(1), PUNE VS. M/S. ADWITIYA PROJECTS (INDIA) PVT. LTD., 301, SUPREME IKON, BANER ROAD, AUNDH, PUNE 411 007 PAN : AAJCA4323N (APPLICANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS MISCELLANEOUS APPLICATION HAS BEEN MOVED BY THE REVENUE URGING THAT THE TRIBUNAL DISMISSED THE DEPARTMENTAL APPEAL ON THE GROUND OF LOW TAX EFFECT. THE LD. DR STATED THAT THE TAX EFFECT IN THIS CASE IS MORE THAN THE STIPULATED AMOUNT O F RS.50.00 LAKH. 2. THE LD. AR CANDIDLY ACCEPTED THE POSITION THAT THE TAX EFFECT IN THIS CASE IS MORE THAN THE REQUISITE AMOUNT. WE, THEREFORE, RECALL THE ORDER AND RESTORE THE APPEAL TO ITS ORIG INAL ASSESSEE BY SHRI SUHAS BORA REVENUE BY SHRI S.P. WALIMBE DATE OF HEARING 05-03-2021 DATE OF PRONOUNCEMENT 05-03-2021 M.A NO.22/PUN/2021 M/S. ADWITIYA PROJECTS (INDIA) PVT. LTD. 2 NUMBER. THE APPEAL IS DIRECTED TO BE FIXED FOR HEARING ON 07-04-2021. SINCE THE DATE WAS ANNOUNCED IN THE OPEN CO URT, THERE IS NO NEED TO ISSUE ANY SEPARATE NOTICE OF HEARING. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH MARCH, 2021. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESI DENT PUNE; DATED : 05 TH MARCH, 2021. / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, PUNE 4. THE PR. CIT-1, PUNE 5. , , / DR C, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE M.A NO.22/PUN/2021 M/S. ADWITIYA PROJECTS (INDIA) PVT. LTD. 3 DATE 1. DRAFT DICTATED ON 05-03-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 05-03-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *