Income-tax Officer, Ward - 5, Panvel V. Keshavsmruti Nagari Sahakari Pat. Ltd, Panvel

MA 65/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5319 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 10 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 01-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE – VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Miscellaneous Application No.65/PUN/2021 (arising out of ITA No.925/PUN/2018) Assessment Year : 2010-11 ITO, Ward-5, Panvel Vs. M/s. Keshavsmruti Nagari Sahakari Patsanstha Ltd., 102, Aditya Vihar CHS, Mahatma Phule Road, Panvel, Dist. Raigad – 410206 PAN : AAAAK7390L (Applicant) (Respondent) Revenue by : Shri M.G. Jasnani Assessee by : Shri Nikhil Pathak Date of Hearing : 21.01.2022 Date of Pronouncement : 21.01.2022 ORDER PER R.S.SYAL, VP : This Miscellaneous application has been moved by the Revenue requesting to recall the above quoted order from the composite order of the Tribunal passed on 29.08.2019. 2. At the very outset, the ld. DR submitted that the Tribunal dismissed the appeal of the Revenue by virtue of the CBDT Circular No.17/2019 dated 08-08-2019 revising upward the monetary limit to Rs.50.00 lakh for filing of appeals by the Department in Income- tax cases before the Income-tax Appellate Tribunal. It was stated M.A.No.65/PUN/2021 M/s.Keshavsmruti Nagari Sahakari Patsanstha Ltd., 2 that the Audit has raised objection vide letter dated May, 2018 in this case and, therefore, the case falls under exception 10(c) of the CBDT’s Circular 03/2018 as amended vide letter dated 20-08-2018, 8.8.2019 and 6.9.2019. He prayed that the Tribunal order dated 29- 08-2019 needs to be recalled for adjudication of the appeal on merits. The ld. AR expressed his No Objection for recalling the Tribunal order. 3. Having regard to the above position, we recall the impugned order and direct the Registry to fix the appeal for hearing in the ‘B’ Bench on 17.02.2022, as was announced in the Virtual Court on the conclusion of the hearing. 4. In the result, the Miscellaneous application is allowed. Order pronounced in the Open Court on 21 st January, 2022. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pun; दनांक Dated : 21 st January, 2022. Satish M.A.No.65/PUN/2021 M/s.Keshavsmruti Nagari Sahakari Patsanstha Ltd., 3 आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. आयकर आयु (अपील) / The CIT (Appeals)-2, Thane 4. The Pr.CIT-2, Thane 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे “B” / DR ‘B’, ITAT, Pune; 6. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 21-01-2022 Sr.PS 2. Draft placed before author 21-01-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *