Serum Institute of India Ltd., Pune V. Deputy Commisisoner of Income-tax, Pune

MA 45/PUN/2022

AI Insights

The case revolves around a Miscellaneous Application by Serum Institute of India Ltd. against an earlier ITAT order concerning the Assessment Year 2009-10. The application highlighted an oversight where Ground No.10, which challenged the disallowance of certain purchases deemed 'Bogus', was not adjudicated in the original ITAT decision. Both the Authorized Representative for the assessee and the Departmental Representative for the Revenue acknowledged this oversight. Consequently, the ITAT decided to recall the previous order to specifically address this unadjudicated ground.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134138 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 5 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-02-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 28-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAJSHEKHAR S. ABHYANKAR
• Keywords: Bogus purchase

Judgement Text

आयकर अपीलीय अिधकरण “ए” Ɋायपीठ पुणेमŐ। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A” :: PUNE BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER Miscellaneous Application No.45/PUN/2022 (arising out of ITA No.1184/PUN/2015) Assessment Year : 2009-10 Serum Institute of India Ltd., Sarosh Bhavan, 16-B/1, Dr.Ambedkar Road, Pune – 411001. PAN: AABCS 4225 M Vs The Dy.Commissioner of Income-tax, Pune. Appellant / Assessee Respondent / Revenue Assessee by Shri Rajshekhar S. Abhyankar – AR Revenue by Shri Ramnath P Murkunde – DR Date of hearing 03/02/2023 Date of pronouncement 07/02/2023 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This Miscellaneous Application filed by the assessee i.e.Serum Institute of India Ltd., against the order of ITAT Pune in ITA No.1184/PUN/2015 for A.Y. 2009-10 dated 08.06.2018. The assessee has raised only one ground that ITAT failed to adjudicate Ground No.10 raised by the assessee in ITA No.1184/PUN/2015. 3. The ld.Authorised Representative(ld.AR) took us through the ITAT order to demonstrate that Ground No.10 remained to be adjudicated. The ld.AR explained that this is a mistake apparent M.A. No.45/PUN/2022 (Arising out of ITA No.1184/PUN/2015) Serum Institute of India Ltd., [A] 2 from the record and hence the ld.AR requested that to that extent order of ITAT may kindly be recalled. 4. The ld.Departmental Representative(ld.DR) for the Revenue accepted that Ground No.10 remained to be adjudicated. Decision and findings : 5. On perusal of the ITAT Order in ITA No.1184/PUN/2015 for A.Y. 2009-10 the grounds of appeal of the assessee reproduced in para 19 of the said order. The Ground No.10 is reproduced as under: “10. In upholding the disallowance of purchases of Rs.43,47,750/- by treating the same as ‘Bogus Purchases’. 6. We have perused the entire order of ITAT and observed that Ground No.10 has not been adjudicated. We accept the contention of the ld.AR that this is a mistake apparent from the record. Therefore, we recall the order of the ITAT in ITA No.1184/PUN/2015 only for limited purpose of adjudicating the Ground No.10 raised by the assessee. Accordingly, the Miscellaneous Application of the assessee is allowed. 7. In the result, Miscellaneous Application filed by the assessee is allowed. Order pronounced in the open Court on 7 th February, 2023. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER M.A. No.45/PUN/2022 (Arising out of ITA No.1184/PUN/2015) Serum Institute of India Ltd., [A] 3 पुणे / Pune; ᳰदनांक / Dated : 7 th Feb, 2023/ SGR* आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “ए” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.