Joint Commissioner of Income-tax, (OSD), Circle -1 (1), Pune V. M/s. Autoline Industries Ltd, Pune

MA 403/PUN/2022

AI Insights

The case involves a Miscellaneous Application (MA No.403/PUN/2022) filed by the Revenue seeking to recall an earlier order of the Income Tax Appellate Tribunal, Pune, which had dismissed an appeal due to low tax effect. The original appeal (ITA No.900/PUN/2019) pertained to the assessment year 2014-15 and was dismissed on 27.05.2022. The Revenue contended that the tax effect was more than 50 lakhs, which would warrant a recall of the dismissal. However, both parties agreed during the proceedings that the tax effect was indeed less than 50 lakhs, leading to the dismissal of the Miscellaneous Application.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137064 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-04-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-04-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 29-12-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M.A. No.403/PUN/2022 (Arising out of ITA No.900/PUN/2019) िनधाᭅरण वषᭅ / Assessment Year: 2014-15 JCIT (OSD), Circle-1(1), Pune. Vs. M/s. Autoline Industries Ltd., S.No.313 & 314, Nanekarwadi, Chakan, Taluka- Khed, Pune- 410501. PAN : AABCA4534D 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.900/PUN/2019 for the assessment year 2014-15 dated 27.05.2022 dismissing the appeal on low tax effect. 2. It is submitted that the tax effect involved in the appeal of the Revenue is more than 50 lakhs. Revenue by : Shri Ganesh B. Budruk Assessee by : Shri Rohit Tapadia Date of hearing : 21.04.2023 Date of pronouncement : 24.04.2023 MA No.403/PUN/2022 2 3. We heard the rival submissions and perused the material on record. It is contrary to the fact that the averments made in the Miscellaneous Petition cannot be accepted for the reason that the tax effect involved in the appeal of the Revenue is less than 50 lakhs, as agreed by both the parties. Therefore, the Miscellaneous Application cannot be entertained. 4. In the result, the Miscellaneous Application filed by the Revenue stands dismissed. Order pronounced on this 24 th day of April, 2023. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 24 th April, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-1, Pune. 4. The Pr. CIT-1, Pune. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.