Assistant Commissioner of Income-tax, (Central) Circle , Kolhapur V. M/s. Mahabharat Constrution Corporation, Kolhapur

MA 55/PUN/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4957 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 05-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE . , BEFORE SHRI D. KARUNAKARA RAO, AM . / MA NO.55/PUN/2019 (ARISING OUT OF ITA NO.1944/PUN/2017) / ASSESSMENT YEAR : 2010-11 ACIT, (CENTRAL) CIRCLE, KOLHAPUR. ....... / APPELLANT / V/S. M/S. MAHABHARAT CONSTRUCTION CORPORATION, 694, B-WARD, AZAD CHOWK, KOLHAPUR. PAN : AACFM1687R / RESPONDENT REVENUE BY : SHRI RAJESH GAWALI ASSESSEE BY : SHRI PRAMOD SHINGTE / DATE OF HEARING : 08.11.2019 / DATE OF PRONOUNCEMENT : 08.11.2019 / ORDER PER D. KARUNAKARA RAO, AM: THE PRESENT MISCELLANEOUS APPLICATION ARISES FROM THE ORDER IN ITA NO.1944/PUN/2017 FOR THE ASSESSMENT YEAR 2010-11 DATED 03.10.2018 FILED BY THE REVENUE. 2. DURING THE PROCEEDINGS BEFORE US, IT IS BROUGHT TO MY NOTICE THAT THE PRESENT CASE BEING CONNECTED TO THE REVENUE AUDIT OBJECTION FALLS IN THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR OF THE CBDT DATED 11-07-2018 AND ITS AMENDMENT DATED 20-08-2018. THE REVENUE PRAYED FOR RECALLING OF THE ORDER OF THE TRIBUNAL (SUPRA) AND SUBMITTED THAT THE SAME CANNOT BE DISMISSED ON THE TAX EFFECT GROUND AS THE SAME FALLS IN THE EXCEPTIONS PROVIDED IN THE CBDT CIRCULAR. 2 MA NO.55/PUN/2019 3. IN RESPONSE, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT, ON MERITS, THE ISSUE NOW STANDS COVERED IN FAVOUR OF THE ASSESSEE AND THE ORDER OF THE CIT(A) DOES NOT CALL FOR ANY INTERFERENCE. 4. ON HEARING BOTH THE SIDES AND ON FINDING THAT THERE EXISTS A REVENUE AUDIT OBJECTION AND THEREFORE, I FIND THE SAME FALLS IN THE CATEGORY OF EXCEPTIONS PROVIDED IN THE CBDT CIRCULAR (SUPRA). CONSIDERING THE SMALLNESS AS WELL AS THE COVERED NATURE OF THE ISSUE, I FIND IT RELEVANT TO GRANT NEXT DATE FOR ADJUDICATION OF THE ISSUE ON MERITS AT THE EARLIEST. ACCORDINGLY, RECALLING THE ORDER OF THE TRIBUNAL (SUPRA), THE MATTER IS POSTED FOR HEARING ON 21 ST NOVEMBER, 2019. THE SAID DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT THEREFORE, SEPARATE NOTICE OF HEARING IS DISPENSED WITH. 5. IN THE RESULT, THE MA FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH DAY OF NOVEMBER, 2019. SD/- (D. KARUNAKARA RAO) / ACCOUNTANT MEMBER / PUNE; / DATED : 08 TH NOVEMBER, 2019. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-2, KOLHAPUR; 4. THE CIT, CENTRAL, PUNE. 5. , , - / DR SMC, ITAT, PUNE; 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.