Pr. Commissioner of Income-tax -2, Kolhapur V. Prakash Vishnu Bodas, Sindhudurg

MA 37/PUN/2023

AI Insights

The case involves a Miscellaneous Application (MA No.37/PUN/2023) filed by the Revenue against an earlier Tribunal decision (ITA No.619/PUN/2019) which favored the assessee, Prakash Vishnu Bodas, for the assessment year 2013-14. The Revenue sought to recall the Tribunal's order, arguing that the facts of Bodas's case were not identical to those in a referenced case (Shivsamarth Group) which formed the basis of the Tribunal's decision. The Tribunal, however, found that the reasoning applied in the Shivsamarth Group case was applicable to Bodas's case as well, leading to the dismissal of the Revenue's application.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137467 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 20-07-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 27-02-2023
• Other Referred Cases: Shivsamarth Group (ITA No.618/PUN/2019)
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER M.A. No.37/PUN/2023 (Arising out of ITA No.619/PUN/2019) िनधाᭅरण वषᭅ / Assessment Year : 2013-14 Pr. CIT-2, Kolhapur. Vs. Prakash Vishnu Bodas, H. No.43, Padel, Tal- Devgad, Dist. Sindhudurg- 416613. PAN : AHPPB5341M Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This present Miscellaneous Application is filed by the Revenue seeking the recall of the order passed by this Tribunal in ITA No.619/PUN/2019 for the assessment year 2013-14 dated 11.05.2022 on the ground that this Tribunal vide consolidated order dated 11.05.2022 allowed the appeal filed by the assessee ignoring the fact that the facts of the case of the petitioner are not identical with the facts in the case of Shivsamarth Group (ITA Revenue by : Shri Suhas Kulkarni Assessee by : Shri Pramod S. Shingte Date of hearing : 21.07.2023 Date of pronouncement : 31.07.2023 MA No.37/PUN/2023 2 No.618/PUN/2019 for A.Y. 2013-14), which formed the basis for the order passed by this Tribunal. It is submitted that the issue involved in the appeal filed by the petitioner pertaining to addition under the provisions of section 50B of the Act in respect of sale of plot of land. The ld. Sr. DR submitted that the Tribunal had proceeded on wrong assumption of facts, therefore, the order passed by this Tribunal be recalled. 2. On the other hand, ld. AR taking us through the reasons recorded for reopening the assessment submits that the issue of taxing the profit arising on sale of property u/s 50B was not part of the reasons recorded. Therefore, the reasoning given by the Tribunal equally holds good to the facts of the present case and there is no mistake apparent from the record in the impugned order requiring the recall of the order passed by this Tribunal. 3. We heard the rival submissions and perused the material on record. The averments made by the Revenue in the present Miscellaneous Petition seeking the recall of the order cannot be said to be mistake apparent from the record, inasmuch as, the issue of taxing the gains arising on sale of property u/s 50B does not form MA No.37/PUN/2023 3 part of the reasons recorded for reopening the assessment. Therefore, the reasoning given by the Tribunal while allowing the appeal in the case of Shivsamarth Group equally holds good to the facts of the present case. Thus, the Miscellaneous Petition filed by the Revenue is being devoid of any merits and, accordingly, dismissed. 4. In the result, the Miscellaneous Application filed by the Revenue stands dismissed. Order pronounced on this 31 st day of July, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 31 st July, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr. CIT-2, Kolhapur. 4. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “B” बᱶच, पुणे / DR, ITAT, “B” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.