Nikas Corporation , Pune V. Assistant Commissioner of Income-Tax, Circle -7, Pune

MA 78/PUN/2023

AI Insights

The case involves M/s. Nikas Corporation, which filed a miscellaneous application under section 254(2) of the Income Tax Act, 1961, seeking to recall or rectify the Tribunal's earlier order. The application was based on the grounds that the Tribunal had dismissed their appeal without considering additional grounds related to the scope and extent of 'limited scrutiny'. The Tribunal, after reviewing the application and the circumstances under which the original appeal was heard, concluded that the additional grounds were not pressed or argued during the hearing and thus had been implicitly dismissed. Consequently, the Tribunal dismissed the miscellaneous application, upholding the original decision.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137980 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 28-03-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M.A.No.78/PUN./2023 Arising out of ITA.No.446/PUN./2020 - Assessment Year 2016-2017 M/s. Nikas Corporation, 16-B1, Sarosh Bhawan, Dr. Ambedkar Road, Camp, Pune – 411 001. PAN AAAFN9736E vs. The ACIT, Circle-7, Pune. (Applicant) (Respondent) For Assessee : Shri Vishal Shah For Revenue : Shri B.S. Rajpurohit Date of Hearing : 18.08.2023 Date of Pronouncement : 22.08.2023 ORDER PER INTURI RAMA RAO, A.M. : This miscellaneous application has been filed by the assessee u/sec.254(2) of the Income Tax Act, 1961 (in short "the Act") seeking to recall/rectify the tribunal’s order dated 29.11.2022, in the corresponding main appeal I.T.A.No.446/PUN./2020. 2. During the course of hearing, the learned Counsel representing the assessee at the outset submitted that the Tribunal had dismissed the appeal of the assessee-company without taking cognizance of the additional grounds of appeal relating to scope and extent of “limited scrutiny”. 2 M.A.No.78/PUN./2023 3. We have gone through the averments made in the miscellaneous application. We find that the additional grounds of appeal were neither argued nor pressed during the course of hearing of the appeal, which are deemed to have been considered and dismissed. We find no merit in the miscellaneous application of the assessee. Ordered accordingly. 4. In the result, miscellaneous application of the assessee is dismissed. Order pronounced in the open Court on 22.08.2023. Sd/- Sd/- [PARTHA SARATHI CHAUDHURY] [INTURI RAMA RAO] JUDICIAL MEMBER ACCOUNTANT MEMBER Pune, Dated 22 nd August, 2023 VBP/- Copy to 1. The applicant 2. The respondent 3. The CIT(A)-5, Pune 4. The Pr. CIT-4, Pune. 5. D.R. ITAT, Pune Bench, Pune. 6. Guard File. //By Order// Assistant Registrar, ITAT, Pune Benches, Pune.