ACIT Cir. 1(1),, Pune v. Chhatrapati Construction Pvt. Ltd., Pune

ITA 1477/PUN/1996 | 1992-1993
Pronouncement Date: 31-03-2011 | Result: Dismissed

Appeal Details

RSA Number 147724514 RSA 1996
Assessee PAN SHEME1998A
Bench Pune
Appeal Number ITA 1477/PUN/1996
Duration Of Justice 14 year(s) 3 month(s) 26 day(s)
Appellant ACIT Cir. 1(1),, Pune
Respondent Chhatrapati Construction Pvt. Ltd., Pune
Appeal Type Income Tax Appeal
Pronouncement Date 31-03-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 31-03-2011
Assessment Year 1992-1993
Appeal Filed On 05-12-1996
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A PUNE BEFORE SHRI I.C. SUDHIR (JM) AND SHRI D. KARUNAKARA RAO (AM) ITA NO. 1477 /PN/ 1996 ( ASSTT. YEAR : 199 2 - 93 ) ASSTT. COMMISSIONER OF INCOME - TAX CIR. 1(1) PUNE .. APP ELLANT V. CHHATRAPAT I CONSTRUCTION PVT. LTD. ROYAL CHAMBERS PAUD ROAD PUNE 411 038 PAN : NOT AVAILABLE . RESPONDENT APP ELLANT BY : SHRI H ARESHWAR SHARMA RESPONDENT BY : SHRI M.K. KULKARNI ORDER PER I.C. SUDHIR J M THE REVENUE HAS QUESTIONNED FIRST APPELLAT E ORDER ON THE FOLLOWING GROUNDS : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) HAS ERRED IN ALLOWING RELIEF OF RS.42 63 461/ - ON ACCOUNT OF SUPPRESSED RECEIPTS FROM VARIOUS SUGAR COMPANIES. 2. ON THE FACTS AND IN THE CIRCUM STANCES OF THE CASE THE LEARNED CIT(A) ERRED IN GIVING RELIEF OF RS. 28 45 391/ - ON ACCOUNT OF DIFFERENCE IN THE AUDITED ACCOUNTS AND THE BOOK RESULTS. 2. AT THE OUTSET OF HEARING THE LD. A.R. POINTED OUT THAT THE ISSUE RAISED IN THE GROUND S DO NOT SU RVIVE AS THE TRIBUNAL IS HAVING NO JURISDICTION TO PROCEED WITH THE APPEAL FILED BY THE REVENUE IN VIEW OF ACCEPTANCE OF DECLARATION UNDER THE KAR V IVAD SAMADAN SCHEME. IN SUPPORT HE PLACED RELIANCE ON THE DECISION OF HONBLE MADHYA PRADESH HIGH COURT I N THE CASE OF AGRO ENGINEERING (M.P) (P.) LTD. V/S. CIT (2007) 209 CTR (M.P) 417. THE LD. A.R. ALSO REFERRED PAGE NOS. 18 ITA . NO 1477 /PN 1996 CHHATRAPATI CONSTRUCTION P. LTD.. A.Y. 1992 - 93 PAGE OF 3 2 TO 22 OF THE PAPER BOOK I.E. COPIES OF DECLARATION FILED UNDER KVSS 1998 DATED 4.12.1998 AND CERTIFICATE ISSUED BY CIT - II PUNE UND ER KVSS 1998 DATED 15.3.1999 IN WHICH IT IS MADE CLEAR THAT THE ASSESSEE HAS AVAILED OF KVSS 1988 AND DEMAND ACCORDING TO THE NOTICE ISSUED BY CIT - II FOR RS. 4 34 111/ - HAS ALREADY BEEN PAID. 3. THE LD. D.R. DID NOT DISPUTE THE ABOVE STATED FACT THAT THE DEMAND FOR RS.4 34 111/ - HAS BEEN PAID AS TAX ARREARS IN FULL AND FINAL SETTLEMENT UNDER KAR V IVAD SAMADHAN SHEME 1998 AS PER ORDER PASSED BY THE LD CIT - II PUNE DATED 15.3.1999. 4. RESPECTFULLY FOLLOWING THE DECISION OF HONBLE MADHYA PRADESH HIGH COU RT IN THE CASE OF AGRO ENGINEERING (MP) (P.) LTD. V/S. CIT (SUPRA) WE HOLD THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE DOES NOT SURVIVE TILL THE DECLARATION UNDER KVSS REMAINS VALID AND THUS THE TRIBUNAL IS HAVING NO JURISDICTION TO PROCEED WITH TH E APPEAL FILED BY THE REVENUE. THE HONBLE MADHYA PRADESH HIGH COURT HAS ALSO FOLLOWED FOLLOWING DECISIONS ON THIS ISSUE. : 1) NISHIT CONSTRUCTION (P.) LTD. V/S. ITO (2006) 204 CTR (M.P) 310 2) ALL INDIA FEDERATION OF TAX PRACTIONERS V/S. UNION OF INDIA AND OTHERS (1999) 236 ITR 1 (DELHI). THE RATIO LAID DOWN IN THE ABOVE DECISIONS IS THAT ONCE THE DECLARATION UNDER KVSS IS ACCEPTED BY THE REVENUE THE TRIBUNAL HAS NO JURISDICTION TO PROCEED TO DECIDE APPEAL FILED BY ASSESSEE OR REVENUE. WE THUS DISMI SS THE APPEAL AS NOT MAINTAINABLE. 5. IT IS ORDERED ACCORDINGLY. ITA . NO 1477 /PN 1996 CHHATRAPATI CONSTRUCTION P. LTD.. A.Y. 1992 - 93 PAGE OF 3 3 THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 31ST MARCH 2011. SD/ - SD/ - ( D. KARUNAKARA RAO ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE DATED THE 31ST MARCH 20 1 1 US COPY OF THE ORDER IS FORWARDED TO : 1. THE A PP ELLA NT 2. THE RESPONDENT 3. THE CIT I PUNE 4. THE CIT(A) - I PUNE 5. THE D.R. A BENCH PUNE 6. GUARD FILE BY ORDER ASSISTANT REGIST RAR INCOME TAX APPELLATE TRIBUNAL PUNE