Assistant Commissioner of Income-tax, Circle - 1, Nashik V. Venugopal Bhaskaran, Nashik

MA 93/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5245 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-02-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 27-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

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.93/PUN/2021 (arising out of ITA No.713/PUN/2019) Assessment Year : 2010-11 ACIT, Circle-1, Nashik Vs. Venugopal Bhaskaran, Mechmet Engineering, F-18, MIDC, Satpur, Nashik – 422 007 PAN : ADHPB0631L (Applicant) (Respondent) Revenue by : Shri Piyush Kumar Singh Yadav Assessee by : Shri Pramod Shingte Date of Hearing : 04.02.2022 Date of Pronouncement : 08.02.2022 ORDER PER R.S.SYAL, VP : This Miscellaneous application has been moved by the Revenue requesting to recall the 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 on account of low tax effect. The department has filed the Miscellaneous application on the ground that the issued involved is covered by exception 10 (c) of the amendment carried out in CBDT Circular No.3/2018 and hence, M.A.No.93/PUN/2021 Venugopal Bhaskaran 2 the monetary tax limit of Rs.50.00 lakh for withdrawals of the appeal is not germane to the issue under consideration. The ld. AR fairly accepted the same and 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 16.03.2022, 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 08 th February, 2022. Sd/- Sd/- ( PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pun; दनांक Dated : 08 th February, 2022. Satish M.A.No.93/PUN/2021 Venugopal Bhaskaran 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)-1, Nashik 4. The Pr.CIT-1, Nashik 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 04-02-2022 Sr.PS 2. Draft placed before author 04-02-2022 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. *