Income Tax Appellate Tribunal - Pune
M/S. Swaraj India Industries Ltd.,, ... vs Pr. Commissioner Of Income-Tax : 3, on 17 May, 2017
आयकर अपील
य अ धकरण पण
ु े यायपीठ "बी" पण
ु े म
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH "B", PUNE
ी डी.क णाकरा राव, लेखा सद!य एवं ी $वकास अव!थी, या&यक सद!य के सम'
BEFORE SHRI D.KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM
आयकर अपील सं. / ITA No. 469/PUN/2015
&नधा)रण वष) / Assessment Year : 2010-11
M/s.Swaraj India Industries Ltd,
S.No.406/407, At Village Nimbhore,
Post Suravadi, Taluka-Phaltan,
Dist. Satara - 415523.
PAN: AABCK0391C .. Appellant
Vs.
Pr.Commissioner of Income Tax-3,
Pune.
.. Respondent
Assessee by : Shri Subhash Chandra
Department by : Shri S.N.Puranik
Date of Hearing : 16-05-2017
Date of Pronouncement : 17-05-2017
आदे श / ORDER
PER D.KARAUNAKARA RAO, AM :
This is the appeal filed by the assessee against the order of the Pr.Commissioner of Income Tax dated 30/03/2015 for the Assessment Year 2010-11 u/s 263 of the Act.
2ITA No.469/PUN/2015,
A.Y: 2010-11 of M/s.Swaraj India Industries.
2. In the grounds assessee raised various legal issues. Deviating from those issues, Ld.Counsel for the assessee submitted that the assessee is engaged manufacture of pasteurized milk and milk products and other allied activities. Assessment was completed determined the total income at Rs.3,00,82,299/- under special provisions of section 115JB of the Act. In the revision proceedings, Pr.Commissioner of Income Tax directed the Assessing Officer to re-assess the income of the assessee u/s 263 of the Act and gave certain directions. He did not appreciate the fact that even after the fresh assessment order is passed giving effect to the directions of the Pr.Commissioner of Income Tax, the income of the assessee would still be assessable under said special provisions and not under the normal provisions. The additions recommended by Pr.Commissioner of Income Tax are not meant for the said special provision.
4. In the background of the above, Ld.Counsel for the assessee submitted that the appeal filed by the assessee against the order of the Pr.Commissioner of Income Tax becomes academic as there is no change in the taxable income after the fresh assessment is completed. In this regard, he furnished a letter dated 16.05.2017 before the court requesting for withdrawal of the appeal. Relevant para is extracted as under:-
"Appellant Company has instructed me to withdraw the appeal as company does not want to pursue the legal issue as its academic.
May I therefore request the Honourable Bench to kindly allow me to withdraw the appeal."3 ITA No.469/PUN/2015,
A.Y: 2010-11 of M/s.Swaraj India Industries.
5. Considering the above, after hearing both the parties, we are of the opinion that there is no change in the assessment income even after the fresh assessment is made. Therefore, we are of the opinion the appeal filed by the assessee should be dismissed as academic.
6. In the result, the appeal of the assessee is dismissed.
Order pronounced on 17th day of May, 2017.
Sd/- Sd/- ($वकास अव!थी / Vikas Awasthy) (डी.क णाकरा राव/D.Karunakara Rao) या&यक सद!य/JUDICIAL MEMBER लेखा सद!य/ACCOUNTANT MEMBER पण ु े / Pune; दनांक / Dated : 17th May, 2017 SGR
आदे श क. /&त1ल$प अ2े$षत / Copy of the Order forwarded to :
1. अपीलाथ / The Appellant.
2. यथ / The Respondent.
3. आयकर अ धकार / The ITO (HQ)3(1), Pune
4. वभागीय त न ध, आयकर अपील य अ धकरण, "बी" बच, पुणे / DR, ITAT, "B" Bench, Pune.
5. गाड# फ़ाइल / Guard File.
आदे शानुसार / BY ORDER, / / TRUE COPY / / सहायक पंजीकार / Assistant Registrar, आयकर अपील य अ धकरण, पुणे / ITAT, Pune