JCIT (OSD) CIR-1(2), KOLKATA, Kolkata V. M/s National Jute Manufactures Corpn. Ltd., Kolkata

ITA 1086/KOL/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6605 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2018
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 18-05-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AMITAVA BHATTACHARYA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM & HONB LE SHRI S.S.GODARA, JM] I.T.A NO. 1086/KOL/20 16 ASSESSMENT YEAR : 2010-1 1 JCIT(OSD), CIRCLE-1(2), KOLKATA -VS- M/S NATIONAL JUTE MANUFACTURES CORP. LTD. [PAN: AABCN 2948 J] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI AMITAVA BHATTACHARYA , ADDL. CIT FOR THE REVENUE : NONE DATE OF HEARING : 04.06.2018 DATE OF PRONOUNCEMENT : 27.06.2018 ORDER PER J.SUDHAKAR REDDY, AM THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, KOLKATA [ IN SHORT THE L D CITA] DATED 14.3.2016 AGAINST THE ORDER PASSED BY THE DCIT, CIRCLE-1, KOLKATA [ IN SH ORT THE LD AO] UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) D ATED 19.03.2013 FOR THE ASSESSMENT YEAR 2010-11. 2. THERE IS A DELAY OF ONE DAY IN FILING THE APPEAL . WE CONDONE THE DELAY. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. HENCE W E DISPOSE OFF THE CASE EX PARTE ON MERITS, AFTER HEARING THE LD. DR. 2 ITA NO.1086/KOL/2016 M/S NATIONAL JUTE MANUFACTURES CORP. LTD. A.YR .2010-11 2 4. ON A CAREFUL CONSIDERATION OF THE FACTS AND CIRC UMSTANCES OF THE CASE, A PERUSAL OF PAPER ON RECORD AND THE ORDER OF THE LOWER AUTHORIT IES BELOW AS WELL AS CASE LAW CITED WE HOLD AS FOLLOWS. 5. WE HAVE HEARD LD. DR. THE LD. CIT(A) IN THIS CAS E HAS DIRECTED THE AO TO ALLOW THE CLAIM OF THE ASSESSEE AFTER VERIFICATION OF THE REC ONCILIATION STATEMENT FILED BY IT. THE ISSUE IN QUESTION WAS THE DIFFERENCE BETWEEN THE TD S DEPICTED IN FORM NO. 26AS AND THE AMOUNT OF TDS CLAIMED IN THE RETURN OF INCOME. 6. WE FIND THAT THE LD. CIT(A) DOES NOT HAVE THE PO WER TO SET ASIDE THE APPEAL AFTER THE AMENDMENT BROUGHT INTO THE ACT VIDE ITS FINANCE ACT NO. 2 OF 2001 W.E.F. 01.06.2001. 7. NEVERTHELESS, AS THE RECONCILIATION HAS TO BE DO NE, WE EXERCISE OUR JURISDICTION AND REMAND THIS MATTER TO THE FILE OF THE AO WITH THE D IRECTION TO CONSIDER THE RECONCILIATION STATEMENT FILED BY THE ASSESSEE IN THIS REGARD AND DISPOSE OFF THE MATTER AFRESH IN ACCORDANCE WITH LAW. 8. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLO WED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 27.06.2018 SD/- SD/- [S.S. GODARA] [ J.SUDHAKAR REDDY] JUDICIAL MEMBER ACCOU NTANT MEMBER DATED : 27.06.2018 SB, SR. PS 3 ITA NO.1086/KOL/2016 M/S NATIONAL JUTE MANUFACTURES CORP. LTD. A.YR .2010-11 3 COPY OF THE ORDER FORWARDED TO: 1. JCIT, (OSD), CIRCLE-1(2), KOLKATA, AAYAKAR BHAWA N, ROOM-14, 7 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-69. 2. M/S NATIONAL JUTE MANUFACTURES CORPORATION LTD., 4, CHARTERED BANK BUILDING, N.S. ROAD, 2 ND FLOOR, KOLKATA-700001. 3..C.I.T.(A)- , KOLKATA 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S