PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE-1, PUNE V. SHIR DHOKESHWAR GRAMIN BIGARSHETI SAHAKARI PATSANSTHA MARYADIT, AHMEDNAGAR

MA 326/PUN/2023

AI Insights

The case involves the Principal Commissioner of Income-Tax-1, Pune (Revenue) filing a Miscellaneous Application against the order of the Income Tax Appellate Tribunal (ITAT) in ITA No.86/PUN/2023, which had allowed the appeal of Shir Dhokeshwar Gramin Bigarsheti Sahakari Patsanstha Maryadit (Assessee). The Revenue sought to rectify the ITAT's order, claiming that the issue of non-verification of NPA provisions of Rs.42,51,668/- was overlooked. However, the ITAT had already addressed this issue in a subsequent order based on the assessee's application, rendering the Revenue's application infructuous.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 24558 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-12-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-11-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 13-12-2023
• Other Referred Cases: Daryapur Shetkari Sahakari Ginning and Pressing Factory Vs ACIT
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAMNATH P MURKUNDE
• Assessee Lawyers: PRASAD S BHANDARI
• Keywords: Set aside; Period of limitation; Revision of order
• Section: 263; 254(2)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER MA No.326/PUN/2023 (Arising out of ITA No.86/PUN/2023) Assessment Year : 2018-19 PCIT, Pune-1 Vs. Shir Dhokeshwar Gramin Bigarsheti Sahakari Patsanstha Maryadit 1, Takli Dhokeshwar, Parner, Ahmednagar – 414304 PAN : AACAS1229C (Assessee) (Respondent) Assessee by : Shri Prasad S Bhandari (through virtual) Department by : Shri Ramnath P Murkunde Date of hearing : 29-11-2024 Date of pronouncement : 02-12-2024 O R D E R PER R. K. PANDA, VP : The Revenue through this Miscellaneous Application has requested the Tribunal to rectify certain mistakes that have crept in the order of the Tribunal. 2. The Ld. DR referring to the contents of the Miscellaneous Application drew the attention of the Bench to the same which reads as under: “MISCELLANEOUS APPLICATION ITAT, \"A\" Bench, Pune's order in ITA No 86/PUN/2023 dated 24.03.2023 has decided the appeal in the case of Dhokeshwar Gramin Bigarsheti Sahakari Patsanstha Maryadit (PAN AACAS1229C) Takli Dhokeshwar Tal. Parner Dist. 2 MA No.326/PUN/2023 Ahmednagar, for Assessment years 2018-19 wherein appeal of the assessee has been allowed. 2 In this case the Pr. Commissioner of Income-Tax-1, Pune vide order u/s 263 of the Act dated 13.01.2023 had set aside the order passed by the Assessing Officer dated 16.02 2021 with directions to verify the issues viz (i) Claim of deduction u/s 80P(2)(a)(i)/80P(2)(d) of the IT Act of Rs 53,08,826/- and (ii) NPA Provisions of Rs.42,51,668/-. 3. However, while overturning the order u/s 263 of the Act, Hon'ble ITAT has considered only one issue of deduction u/s 80P(2) as a reason for setting aside the assessment order as erroneous and prejudicial to the interest of the Revenue and held that the said order u/s 263 is not sustainable. Thus, another reason viz. non- verification of NPA provision of Rs 42,51,668/-, has not been considered by the Hon'ble ITAT. 4. Therefore, the Hon'ble ITAT erred in quashing the entire order passed u/s 263 of the IT Act, by not taking into consideration the issue of non-verification of NPA provisions of Rs.42,51,668/- on account of which the Ld. Pr. CIT-1, Pune had held the assessment order as erroneous and prejudicial to the interest of the Revenue. 5. In view of the above, there is a mistake on part of the Hon'ble ITAT in deciding the appeal, and this miscellaneous application is filed u/s 254(2) of the Income- Tax Act, requesting the Hon'ble ITAT to rectify the mistake occurred in the order bearing ITA No.86/PUN/2023 dated 24.03.2023. 6. Authorization of Pr. Commissioner of Income-tax-l, Pune bearing No.Pr/Pr.CIT-1/Judi/M.A/2174-DGBSPM/2023-24/4607 dated 05.12.2023 directing to file Miscellaneous application u/s 254(2) of the Income-tax Act, 1961 against the order of Hon'ble ITAT, \"A\" Bench, Pune dated 24.03.2023 in ITA No.86/PUN/2023 in the case of Dhokeshwar Gramin Bigarsheti Sahakari Patsanstha Maryadit (PAN- AACAS1229C) Ahmednagar for A.Y. 2018-19, is enclosed herewith. 7. In this case the Hon'ble ITAT has passed order in ITA No. 86/PUN/2023 on 24.03.2023 which is received in the office of Pr. Commissioner of Income-Tax-1. Pune on 02.08.2023. As such the time limit for filing of Miscellaneous Application u/s 254(2) was on 30.09.2023. 8 However, since the order passed by Hon'ble ITAT in ITA No. 86/PUN/2023 on 24.03.2023 is received in the office of Pr. Commissioner of Income-Tax-1, Pune on 02.08.2023, the time limit for filing of Miscellaneous Application is 29.02.2024. Reliance is placed on Hon'ble Bombay High Court's decision in the case of Daryapur Shetkari Sahakari Ginning and Pressing Factory Vs ACIT (2021) 277 Taxman 155/200 DTR 417/320 CTR 456 (Bom.) (HC) wherein it is held that period of limitation would commence from the date when affected party got knowledge of decision in question and it would not commence from the date when order was passed. It is therefore kindly requested to allow to file the Miscellaneous Application u/s 254(2) of the IT Act. 3 MA No.326/PUN/2023 9. Copies of relevant Assessment order, PCIT's order u/s 263 and Hon'ble ITAT's impugned order dated 24.03.2023 are attached herewith.” 3. He accordingly submitted that since the contents of the Miscellaneous Application are self explanatory, therefore, necessary order may be passed by the Tribunal. 4. The Ld. Counsel for the assessee on the other hand submitted that on the basis of the Miscellaneous Application filed by the assessee, the Tribunal vide MA No.258/PUN/2023, order dated 12.06.2024 had recalled the order passed in ITA No.86/PUN/2023 and decided the issue vide order dated 12.08.2024. Therefore, the Miscellaneous Application filed by the Revenue becomes infructuous and is to be dismissed. 5. The Ld. DR in his rejoinder fairly conceded that the Tribunal has already passed the order after recalling the order on the basis of the Miscellaneous Application filed by the assessee. 6. After hearing both the sides, we find that on the basis of the Miscellaneous Application filed by the assessee vide Miscellaneous Application No.258/PUN/2023, the Tribunal vide order dated 12.06.2024 has recalled the order for adjudication of ground No.2 raised by the assessee which is also the subject matter of the Miscellaneous Application filed by the Revenue. Subsequently, the Tribunal vide ITA No.86/PUN/2023, vide order dated 12.08.2024 has decided the 4 MA No.326/PUN/2023 issue and the order passed u/s 263 of the Income Tax Act, 1961 has been quashed. Since the issue for which the Revenue has filed the Miscellaneous Application has already been decided, therefore, the Miscellaneous Application filed by the Revenue becomes infructuous. Accordingly, the Miscellaneous Application filed by the Revenue is dismissed. 7. In the result, the Miscellaneous Application filed by the Revenue is dismissed. Order pronounced in the open Court on 2nd December, 2024. Sd/- Sd/- (VINAY BHAMORE) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 2nd December, 2024 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4, DR, ITAT, ‘A’ Bench, Pune गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune 5 MA No.326/PUN/2023 S.No. Details Date Initials Designation 1 Draft dictated on 29.11.2024 Sr. PS/PS 2 Draft placed before author 29.11.2024 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order "