ACIT, Central Circle 1(1), Pune V. M/s. Pragati Aroma Oil Distellers P. Ltd., Mumbai

MA 255/PUN/2022

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 4381 (ITAT-PUNE)
• Duration Of Justice: 5 year(s) 11 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 01-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MHAVEER JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER M.A.Nos.253 to 256/PUN./2022 Arising out of I.T.A.Nos.2586, 2587, 2588 & 2589 /PUN./2012 Assessment Years 2007-2008 to 2010-2011 Assistant Commissioner of Income Tax, Circle-1(1), Pune. Maharashtra. vs M/s. Pragati Aroma Oil Distillers P. Ltd., 2006, Anand Bhavan 17, Babugenu Road, Princess Street, Marine Lines, Mumbai – 400 002 PAN AAACP2213P Applicant Respondent Revenue by : Shri Ramnath P. Murkunde Assessee by : Shri Mhaveer Jain Date of Hearing : 05.01.2024 Date of Pronouncement : 08.01.2024 ORDER PER SATBEER SINGH GODARA, J.M. : These Revenue’s four miscellaneous applications M.A.Nos.253 to 256/PUN./2022 filed u/s.254(2) of the of the Income Tax Act, 1961 (in short "the Act"), seeks to recall/rectify our common order dated 25.08.2014 dismissing its corresponding main appeals ITA.Nos.2586 to 2589/PUN./ 2012; respectively. Heard both the parties. Case files perused. 2 M.A.Nos.253 to 256/PUN./2012 2. It transpires during the course of hearing that so far as the Revenue’s instant four identical miscellaneous applications M.A.Nos.253/PUN./2022 to 256/PUN./2022 in it’s main appeals ITA.Nos. 2586, 2587, 2588 & 2589 /PUN./2012; seeking to recall the tribunal’s common impugned order dated 25.08.2014 are concerned, there is hardly much a need for us to delve deeper in the relevant factual matrix of the case once it has come on record that this is second round of the very remedy exhausted at the Revenue’s behest since it’s former round M.A.Nos.52 to 55/PUN./2017 already stood allowed way back on 04.06.2021 followed by dismissal of the above corresponding main appeals ITA.Nos.2586 to 2589/ PUN./ 2021 vide yet another common order dated 22.10.2021 as involving “low tax effect” in light of the CBDT’s circular no.17/2019 dated 08.08.2019. 3. That being the case, as this is second round of proceedings wherein the Revenue’s above stated main appeals already stand rejected on account of “low tax effect”; we hardly see any reason to entertain these four miscellaneous applications M.A.Nos.253 to 256/PUN./2022 in very terms. Ordered accordingly. 3 M.A.Nos.253 to 256/PUN./2012 4. These assessee’s four miscellaneous applications M.A.Nos.253 to 256/PUN./2022 are dismissed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open Court on 08.01.2024. Sd/- Sd/- [DR. DIPAK P. RIPOTE] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 08 th January, 2024 VBP/- Copy to 1. The applicant 2. The respondent 3. The CIT(A) concerned 4. The Pr. CIT, Pune concerned 5. D.R. ITAT, Pune “A” Bench, Pune. 6. Guard File. //By Order// //True Copy // Assistant Registrar, ITAT, Pune Benches, Pune.