Income Tax Officer, Ward - 1(2), Mangaluru V. M/s V4 Media, Mangaluru

MA 4/PAN/2019

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0682 (ITAT-PANAJI)
• Duration Of Justice: 4 year(s) 7 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-11-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: WT(D)
• Next Hearing Date: 09-11-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 27-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH :: PANAJI BEFORE SHRI R.S. SYAL, HON. VICE PRESIDENT & SHRI PARTHA SARATHI CHAUDHURY, HON. JUDICIAL MEMBER (Through virtual hearing) M.A.No. 04/PAN/2019 (Arising out of ITA No.68/PAN/2018) (A.Y. 2009-10) ITO, Ward-1(2), Mangaluru. vs M/s. V4 Media, D.No. 4-166, Dandakeri Baby Maistry Complex, Yeyyadi, Mangaluru-575008 PAN : AAGFV 4264 K Applicant Respondent Assessee by : None Revenue by : Shri N. Shrikanth, DR Date of hearing : 10/11/2023 Date of pronouncement : 16/11/2023 ORDER Per PARTHA SARATHI CHAUDHURY, JM: This Misc. Application preferred by the Revenue emanates from the order of this Tribunal passed in ITA No.68/PAN/2018, dated 14/11/2018. 2. The impugned order of the Tribunal in ITA No.68/PAN/2018 for the A.Y. 2009-10, wherein the Revenue’s appeal was dismissed by the Tribunal on the ground of low tax effect as per the CBDT Circular No.03/2018, dated 11/07/2018. 3. At the time of hearing of this Misc. Application, Ld.DR submitted that in this case, Revenue Audit Party’s (RAP) objection has been accepted by the Department in view of the Circular No. 03/2018, MA No.04/PAN/2019 M/s. V4 Media 2 dated 11/07/2018 vide letter dated 20/08/2018 by the Ministry of Finance, Department of Revenue, CBDT and therein at clause 10(c) “Where Revenue Audit objection in the case has been accepted by the Department” has been stated and due to this, the matter needs to be recalled. 4. That, having gone through the said circular and the order of the Tribunal and considering the submission of the ld. DR along with contents of the Misc. Application, wherein objections raised by the RAP, have been accepted by the Department, we are of the considered view that the impugned order of the Tribunal has to be recalled. Accordingly, Registry is directed to send notices to the parties informing the date of hearing. We order accordingly. 5. In the result, Misc. Application filed by the Revenue is allowed. Order pronounced in open Court on 16 th November, 2023. /- Sd/- Sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER Dated : 16 th November, 2023 vr/- Copy to : 1. The Appellant. 2. The Respondent. 3. The Pr. CIT concerned. 4. The DR, ITAT, Panaji 5. Guard File. By Order // TRUE COPY // Senior Private Secretary ITAT, Pune.