Assistant Commissioner of Income-tax, Circle - 6, Pune V. Sharada Erectors Private Limited., Pune`

MA 70/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5165 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-02-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 26-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Miscellaneous Application Nos.70 & 71/PUN/2021 (arising out of ITA Nos.2040 & 2041/PUN/2017) Assessment Years : 2010-11 & 2011-12 DCIT. Circle-6, Pune Vs. Sharada Erectors Pvt. Ltd., 38, Vijayanagar Colony, Pune – 411 030 PAN : AACCS6028D (Applicant) (Respondent) Revenue by : Shri Piyush Kumar Singh Yadav Assessee by : None Date of Hearing : 18.02.2022 Date of Pronouncement : 18.02.2022 ORDER PER R.S.SYAL, VP : These two Miscellaneous applications by the Revenue relating to the assessment years 2010-11 & 2011-12 are directed against the composite order passed by the Tribunal on 29-08-2019 dismissing the revenue’s appeals on account of low tax effect. The ld. DR submitted that the tax effect in these two appeals is more than Rs.50.00 lakh and hence, the impugned order be recalled. M.A.Nos.70 & 71/PUN/2021 Sharada Erectors Pvt. Ltd. 2 2. We have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of assessee despite notice. The ld. DR submitted that the tax effect for this year is about Rs.74.00 lakh. In view of the fact that the appeal of the Revenue was dismissed on the ground of low tax effect but the tax effect is actually more than the threshold, we recall the impugned order. 3. Similar is the position for the other assessment year 2011-12. The tax effect for this year is Rs.82.19 lakh. Following the view taken hereinabove, we recall the impugned order for this year as well. 4. The Registry is directed to fix the hearing of the appeals in the ‘A’ Bench on 07.04.2022 on merits, as was announced in the open Court on the conclusion of the hearing. 5. In the result, the Miscellaneous Applications are allowed. Order pronounced in the Open Court on 18 th February, 2022. Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pun; दनांक Dated : 18 th February, 2022. Satish M.A.Nos.70 & 71/PUN/2021 Sharada Erectors Pvt. 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)-4, Pune 4. The Pr.CIT-3, Pune 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे “A” / DR ‘A’, 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 18-02-2022 Sr.PS 2. Draft placed before author 18-02-2022 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. *