Assistant Commissioner of Income-tax, (Central) Circle ,, Kolhapur v. M/s. Mahabharat Constrution Corporation,, Kolhapur

MA 55/PUN/2019 | 2010-2011
Pronouncement Date: 08-11-2019 | Result: Allowed

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Appeal Details

RSA Number 5524524 RSA 2019
Assessee PAN AACFM1687R
Bench Pune
Appeal Number MA 55/PUN/2019
Duration Of Justice 7 month(s) 2 day(s)
Appellant Assistant Commissioner of Income-tax, (Central) Circle ,, Kolhapur
Respondent M/s. Mahabharat Constrution Corporation,, Kolhapur
Appeal Type Miscellaneous Application
Pronouncement Date 08-11-2019
Appeal Filed By Department
Order Result Allowed
Bench Allotted A
Tribunal Order Date 08-11-2019
Last Hearing Date 08-11-2019
First Hearing Date 08-11-2019
Assessment Year 2010-2011
Appeal Filed On 05-04-2019
Judgment Text
- IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC PUNE . BEFORE SHRI D. KARUNAKARA RAO AM . / MA NO.55/PUN/2019 (ARISING OUT OF ITA NO.1944/PUN/2017) / ASSESSMENT YEAR : 2010-11 ACIT (CENTRAL) CIRCLE KOLHAPUR. ....... / APPELLANT / V/S. M/S. MAHABHARAT CONSTRUCTION CORPORATION 694 B-WARD AZAD CHOWK KOLHAPUR. PAN : AACFM1687R / RESPONDENT REVENUE BY : SHRI RAJESH GAWALI ASSESSEE BY : SHRI PRAMOD SHINGTE / DATE OF HEARING : 08.11.2019 / DATE OF PRONOUNCEMENT : 08.11.2019 / ORDER PER D. KARUNAKARA RAO AM: THE PRESENT MISCELLANEOUS APPLICATION ARISES FROM THE ORDER IN ITA NO.1944/PUN/2017 FOR THE ASSESSMENT YEAR 2010-11 DATED 03.10.2018 FILED BY THE REVENUE. 2. DURING THE PROCEEDINGS BEFORE US IT IS BROUGHT TO MY NOTICE THAT THE PRESENT CASE BEING CONNECTED TO THE REVENUE AUDIT OBJECTION FALLS IN THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CIRCULAR OF THE CBDT DATED 11-07-2018 AND ITS AMENDMENT DATED 20-08-2018. THE REVENUE PRAYED FOR RECALLING OF THE ORDER OF THE TRIBUNAL (SUPRA) AND SUBMITTED THAT THE SAME CANNOT BE DISMISSED ON THE TAX EFFECT GROUND AS THE SAME FALLS IN THE EXCEPTIONS PROVIDED IN THE CBDT CIRCULAR. 2 MA NO.55/PUN/2019 3. IN RESPONSE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ON MERITS THE ISSUE NOW STANDS COVERED IN FAVOUR OF THE ASSESSEE AND THE ORDER OF THE CIT(A) DOES NOT CALL FOR ANY INTERFERENCE. 4. ON HEARING BOTH THE SIDES AND ON FINDING THAT THERE EXISTS A REVENUE AUDIT OBJECTION AND THEREFORE I FIND THE SAME FALLS IN THE CATEGORY OF EXCEPTIONS PROVIDED IN THE CBDT CIRCULAR (SUPRA). CONSIDERING THE SMALLNESS AS WELL AS THE COVERED NATURE OF THE ISSUE I FIND IT RELEVANT TO GRANT NEXT DATE FOR ADJUDICATION OF THE ISSUE ON MERITS AT THE EARLIEST. ACCORDINGLY RECALLING THE ORDER OF THE TRIBUNAL (SUPRA) THE MATTER IS POSTED FOR HEARING ON 21 ST NOVEMBER 2019. THE SAID DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT THEREFORE SEPARATE NOTICE OF HEARING IS DISPENSED WITH. 5. IN THE RESULT THE MA FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH DAY OF NOVEMBER 2019. SD/- (D. KARUNAKARA RAO) / ACCOUNTANT MEMBER / PUNE; / DATED : 08 TH NOVEMBER 2019. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-2 KOLHAPUR; 4. THE CIT CENTRAL PUNE. 5. - / DR SMC ITAT PUNE; 6. / GUARD FILE. / BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY / ITAT PUNE.