Pride Purple Properties, Mumbai V. Assistant Commissioner of Income Tax, Central Circle- 1(!), Pune, Pune

MA 30/PUN/2023

AI Insights

The case involves Pride Purple Properties, the appellant, who filed a Miscellaneous Application seeking rectification of an earlier Tribunal order concerning the assessment year 2018-19. The appellant argued that the Tribunal had overlooked an amendment under section 23(4) of the Income Tax Act, 1961, which provided relief to taxpayers for two years from the end of the financial year in which a completion certificate was obtained. The completion certificate in question was obtained in the financial year 2016-17, thus claiming no notional rent could be taxed up to the assessment year 2018-19. However, the Tribunal found that this argument was not presented during the original appeal and thus could not be considered at this stage.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137431 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-06-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 01-06-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 12-02-2023
• Other Referred Cases: Dholadhar Investment (P.) Ltd. vs. CIT, 362 ITR 111 (Delhi)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M.A. No.30/PUN/2023 (Arising out of ITA No.777/PUN/2022) िनधाᭅरण वषᭅ / Assessment Year: 2018-19 Pride Purple Properties, 601, Orbit Plaza, New Prabhadevi Road, Pbabhadevi, Mumbai- 400025. PAN : AAIFP0363M Vs. ACIT, Central Circle-1(1), Pune. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This present Miscellaneous Application is filed by the assessee seeking rectification of the order passed by this Tribunal in ITA No.777/PUN/2022 for the assessment year 2018-19 dated 19.01.2023 on the ground that the Tribunal had failed to take note of the fact that the amendment u/s 23(4) of the Income Tax Act, 1961 Assessee by : Shri Manoj Jain Revenue by : Shri M. G. Jasnani Date of hearing : 02.06.2023 Date of pronouncement : 05.06.2023 MA No.30/PUN/2023 2 (‘the Act’) providing relief to the taxpayers for a period of two years from the end of the financial year in which the completion certificate had been obtained. As in the present appeal, the completion certificate had been obtained in the year 2016-17, therefore, no notional rent can be taxed upto the assessment year 2018-19. 2. We have carefully gone through the averments made in the present Miscellaneous Petition. We find that this contention was neither raised in the grounds of appeal nor argued during the course of hearing of the appeal. The ld. AR fairly conceded that this is a new plea. A new plea raised for the first time in the Miscellaneous Petition would amount to extending the scope of subject matter of appeal in the original appeal. 3. It is a settled position of law that in exercise of power vested with the Tribunal u/s 254(2) of the Act, no new plea can be entertained by the Tribunal, which was neither argued nor raised during the course of hearing of appeal. Reference can be made to the decision of the Hon’ble Delhi High Court in the case of MA No.30/PUN/2023 3 Dholadhar Investment (P.) Ltd. vs. CIT, 362 ITR 111 (Delhi). Hence, the present Miscellaneous Petition filed by the assessee cannot be entertained. 4. In the result, the present Miscellaneous Application filed by the assessee stands dismissed. Order pronounced on this 05 th day of June, 2023. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 05 th June, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-11, Pune. 4. The Pr. CIT (Central), Pune. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “B” बᱶच, पुणे / DR, ITAT, “B” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.