Deputy Commissioner of Income-tax, Pune V. Shri Shamkant Keshav Kotkar, Pune

MA 288/PUN/2022

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1582 (ITAT-PUNE)
• Duration Of Justice: 5 year(s) 2 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-06-2024
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 06-06-2024
• Assessment Year: 2009-2010
• Appeal Filed On: 14-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI G D PADMAHSHALI , ACCOUNTANT MEMBER M.A.No.288/PUN./2022 Arising out of I.T.A.No.2422/PUN./2016 - Assessment Year 2009-2010 The DCIT, Circle-3, PMT Bldg., Swargate, Shankarshet Road, Pune – 411 037. vs., Shri Shamkant Keshav Kotkar, Flat No.1, Prabhat Road, Erandwana, Pune. PIN – 411 004 PANABEPK3581D (Applicant) (Respondent) For Revenue : Shri Shashank Deogadkar For Assessee : Shri C H Naniwadekar Date of Hearing : 07.06.2024 Date of Pronouncement : 10.06.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This Revenue’s miscellaneous application M.A.No.288/ PAN./2022 filed u/s.254(2) of the of the Income Tax Act, 1961 (in short "the Act"), seeks to recall/rectify our order dated 27.07.2018 dismissing it’s corresponding main appeal ITA.No.2422/PUN./2016 for assessment year 2009- 2010. Heard both the parties at length. Case file perused. 2. The Revenue pleads the following in it’s instant miscellaneous application : 2 M.A.No.288 /PUN./2022 “2. The appeal filed by the Department in the above case for the A.Y.2009-10 has been dismissed by the Hon’ble Tribunal relying on the CBDT Circular No.3/2018, dated 11.07.2018 without going into the merit of the issues raised in the appeals. 3. However, the case is covered by the exception (c) of the Para 10 as amended vide Board’s letter dated 20/08/2018. In this case, the RAP vide ITRA/52 nd cycle/ LAP-V/circle-3 Pune/AQ No.-15 dated 13.05.2013 raised an objection regarding incorrect allowance of deduction u/s. 80IB(10) of the Act. 4. Accordingly, the case was reopened u/s. 147 of the Act after taking prior approval of the higher authority. The reassessment u/s.143(3) r.w.s. 147 of the Act was passed vide order dated 07.03.2015, thereby making an disallowance of Rs.42,95,000/- u/s.80IB(10) of the Act. The total income was determined at Rs.78,70,070/-. Therefore, it is requested to please reconsider the matter in the light of the above discussion and requested to re- institute of appeal. 5. In view of the above, it is prayed that the Miscellaneous Application may kindly be considered and order be passed accordingly. The copy of the Pr. Commissioner of Income Tax-2, Pune, vide letter No. PN/ PCIT-2/Judl/260A/2019-20/149 dated 09.04.2019, 3 M.A.No.288 /PUN./2022 authorizing the filing of Miscellaneous Application is enclosed herewith for your ready reference.” 3. Learned counsel representing the assessee is very fair at the outset in not disputing the Revenue’s foregoing pleadings that the tax effect herein is no more the decisive factor herein once the CBDT exception clause in para-10(C) involving an instance of revenue audit party’s objections; is indeed involved herein and therefore, our impugned order had wrongly rejected the corresponding main appeal ITA.No.2422/ PUN./2016 on this limited issue. We appreciate the assessee’s fair stand and recall our impugned order dated 27.07.2018. The registry is directed to fix the main appeal ITA.No.2422/ PUN./2016 for hearing as per rule. Ordered accordingly. 4. This Revenue’s miscellaneous application ITA.No. 2422 /PUN./2016 is allowed in above terms. Order pronounced in the open Court on 10.06.2024. Sd/- Sd/- [GD PADMAHSHALI] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 10 th June, 2024 VBP/- Copy to 1. The appellant 2. The respondent 3. The Pr. CIT, Pune concerned. 4. The D.R. ITAT, Pune-A-Bench, Pune. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.