Income-tax Officer, Ward - 1 (3), Aurangabad V. Ankit Cottage Industries , Aurangabad

MA 35/PUN/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5807 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 28-12-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VITTHAL BHOSALE
• Keywords: Tax effect
• Section: 254(2)

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 MISCELLANEOUS APPLICATION NOS.35 & 36/PUN/2020 (ARISING OUT OF ITA NOS.679 & 680/PUN/2019) ASSESSMENT YEAR : 2012-13 ITO,WARD-1(3), AURANGABAD VS. M/S. ANKEET COTTAGE INDUSTRIES, PLOT NO. B-19, MIDC AREA, PAITHAN, TALUKA PAITHAN, DIST. AURANGABAD MAHARASHTRA STATE PAN : AADFA9560C (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI VITTHAL BHOSALE RESPONDENT BY : SHRI S.N. PURANIK DATE OF HEARING : 05.02.2021 DATE OF PRONOUNCEMENT : 05.02.2021 ORDER PER R.S.SYAL , VP : THESE TWO MISCELLANEOUS APPLICATIONS HAVE BEEN MOVED BY THE REVENUE REQUESTING TO RECALL THE ABOVE QUOTED TWO APPEALS FROM THE COMPOSITE ORDER OF THE TRIBUNAL PASSED ON 29.08.2019. AT THE VERY OUTSET, THE LD. DR SUBMITTED THAT THE TRIBUNAL DISMISSED THE APPEALS OF THE REVENUE ON ACCOUNT OF LOW TAX EFFECT. ALBE IT, THE LD. DR, WHILE ADMITTING THAT THE TAX EFFECT IN THE CAPTIONED TWO APPEA LS WHICH WERE DISMISSED BY THE TRIBUNAL IS LESS THAN RS.50.00 LAKH, SUBMITTED THAT THE ADDITIONS/PENALTY IN THESE APPEALS WERE BASED ON M.A.NOS.35 & 36/PUN/2020 M/S. ANKEET COTTAGE INDUSTRIES 2 THE INFORMATION RECEIVED BY THE ASSESSING OFFICER FROM THE S ALES TAX DEPARTMENT THAT THE ASSESSEE WAS ONE OF THE BENEFICIA RIES INDULGING IN THE HAWALA TRANSACTIONS. IT WAS ERGO PRAYED THA T THE APPEALS FALL UNDER EXCEPTION PRESCRIBED IN CLAUSE (E) OF PA RA 10 OF THE CBDT CIRCULAR NO. 03/2018 DATED 11-07-2018 READ WITH ITS AMENDMENT DATED 20-08-2018 AND HENCE, THE TRIBUNAL ORDE R DATED 29-08-2019 NEED TO BE RECALLED FOR ADJUDICATION OF THE APP EALS ON MERIT. 2. WE HAVE HEARD BOTH THE SIDES THROUGH VIRTUAL COURT A ND SCANNED THROUGH THE RELEVANT MATERIAL ON RECORD. HAVING FOUND THA T THE TAX EFFECT IN THE INSTANT APPEALS REFERRED TO BY THE REVENUE IS LE SS THAN THE MONETARY LIMITS OF RS.50.00 LAKH, THE TRIBUNAL DISMISSE D THE APPEALS OF REVENUE BY VIRTUE OF CBDT CIRCULAR NO.17/2019 DATED 08-08-2019 REVISING UPWARD THE MONETARY LIMIT TO RS.50.00 LAKH FOR FILING OF APPEALS BY THE DEPARTMENT IN INCOME-TAX CASES BEF ORE VARIOUS APPELLATE FORUMS. 3. AS REGARDS THE CONTENTION OF THE LD. DR THAT THE APPE ALS SHOULD NOT HAVE BEEN DISMISSED BECAUSE THE ADDITIONS/PENALTY IN THESE CASES WERE MADE ON THE BASIS OF INFORMATION RECEIVED FROM THE SALES TAX DEPARTMENT ABOUT THE ASSESSEE INDULGING IN HAWALA TRANSA CTIONS, WE FIND THAT SUCH A CONTENTION HAS NOT BEEN COUNTENANCED BY THE M.A.NOS.35 & 36/PUN/2020 M/S. ANKEET COTTAGE INDUSTRIES 3 PUNE BENCHES OF THE TRIBUNAL IN SEVERAL CASES INCLUDING IT O VS. M/S PARAM MARKETING ( ITA NO.1872/PUN/2019 DT.30-01-2020 ) AND ITO VS. YUSUF GULMMOHMMED PATEL ( ITA NO.1852/PUN/2019 DT.30-01-2020 ). NOT ONLY THAT, EVEN THE MISCELLANEOUS APPLICATION FILED U/S 254(2) ON THIS ISSUE HAS ALSO BEEN DISMISSED IN D CIT VS. M/S RANG RASAYAN ( M.A.NO.60/PUN/2019 DT. 14-01-2020 ). NO CONTRARY VIEW HAS BEEN BROUGHT TO OUR NOTICE ON BEHALF OF THE REVENUE. RESPECTFULLY FOLLOWING THE ABOVE PRECEDENT, WE ARE NOT INCLINED TO ACCEPT THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE. 4. IT IS HOWEVER CLARIFIED THAT THE DEPARTMENT WILL BE AT LIB ERTY TO PRAY FOR THE RESTORATION OF THE APPEALS IF IT FINDS THE CASES COVERED UNDER ANY OTHER EXCEPTION CLAUSE OF THE CIRCULAR. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS ARE DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH FEBRUARY, 2021. SD/- SD/- ( PARTHA SARATHI CHAUDHURY ) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 05 TH FEBRUARY, 2021 SATISH M.A.NOS.35 & 36/PUN/2020 M/S. ANKEET COTTAGE INDUSTRIES 4 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, AURANGABAD 4. THE PR. CIT-2, AURANGABAD 5. , , C / DR C, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 05-02-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 05-02-2021 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. *