Shree Ram Cargo Pvt.Ltd, Pune V. Income-tax Officer, Ward - 6(2), Pune

MA 28/PUN/2023

AI Insights

The case involves M/s. Shree Ram Cargo Private Limited, which filed a miscellaneous application under section 254(2) of the Income Tax Act, 1961, seeking recall/rectification of the Tribunal's order dated 30.08.2022. The original appeal challenged the disallowance of Rs.53,11,299 under section 40A(3) of the Act. The Tribunal had partly upheld the assessee's arguments, deleting Rs.49,20,000 of the disallowance. The miscellaneous application sought to clarify the remaining balance of Rs.3,91,299. Both parties were heard, and the Tribunal, after perusing the case file, allowed the application as prayed.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137043 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 01-06-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 09-02-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AKASH MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER M.A.No.28/PUN./2023 Arising out of I.T.A.No.262/PUN./2018 - Assessment Year 2013-2014 M/s. Shree Ram Cargo Private Limited, 3A and B Archies Court, Shankar Sheth Road, Pune – 411 037 PAN AALCS3844A vs. The ITO, Ward – 6 (2), Pune. (Applicant) (Respondent) For Assessee : Shri Akash Mehta For Revenue : Shri Ramnath P Murkunde Date of Hearing : 02.06.2023 Date of Pronouncement : 02.06.2023 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s miscellaneous application M.A.No.28/PUN./2023 filed u/s.254(2) of the Income Tax Act, 1961 (in short "the Act"). seeks to recall/rectify the tribunal’s order dated 30.08.2022 partly allowing it’s main appeal ITA.No.262/PUN./2018. Heard both the parties. Case file perused. 2. We notice with the able assistance coming from both the sides that we had partly upheld the assessee’s arguments challenging correctness of sec.40A(3) disallowance of Rs.53,11,299/-; as deleted by Rs.49,20,000/-, coming to 2 M.A.No.28/PUN./2023 the balance sum of Rs.3,91,299/- only. As a matter of abundant caution, we make it clear the above addition of Rs.49,20,000/- out of that in issue of Rs.53,11,299/- duly stands deleted. Ordered accordingly in very terms. 3. This assessee’s miscellaneous application is allowed in above terms. Order pronounced in the open Court on 02.06.2023. Sd/- Sd/- [DR. DIPAK P. RIPOTE] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 02 nd June, 2023 VBP/- Copy to 1. The applicant 2. The respondent 3. The CIT(A)-4, Pune. 4. The Pr. CIT-3, Pune 5. D.R. ITAT, Pune “A” Bench, Pune 6. Guard File. //By Order// Assistant Registrar, ITAT, Pune Benches, Pune.