Woodside Fashions Ltd., Kolkata V. A.C.I.T.,Circle-31, Kolkata

ITA 1656/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4240 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 10-07-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Keywords: Retrospective amendment
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C, BENCH KOLKATA BEFORE SHRI S. S. GODARA, JM & DR. A. L. SAINI, AM /I.T.A NO.1656/KOL/2019 ( [ [ / ASSESSMENT YEAR: 2012-13) WOODSIDE FASHIONS LTD. 22, CAMAC STREET, KOLKATA. VS. ACIT, CIRCLE-31, KOLKATA. ./ ./PAN/GIR NO.: AAACW3995R (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI ANIL KOCHAR, ADVOCATE RESPONDENT BY : SHRI SUPRIYO PAL, JCIT / DATE OF HEARING : 24/02/2020 /DATE OF PRONOUNCEMENT : 28/02/2020 / O R D E R PER SHRI S. S. GODARA: THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATAS ORDER DATED 30.05.2019 IN CASE NO.38/CIT(A)-4/2018-19 INVOLVING PROCEEDINGS U/S 154 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD SHRI ANIL KOCHAR, AUTHORIZED REPRESENTATIVE FOR ASSESSEE AND SHRI SUPRIYO PAL, JCIT-DR APPEARING AT THE REVENUES BEHEST. 2. IT TRANSPIRES AT THE OUTSET WITH THE ABLE ASSISTANCE OF BOTH THE LEARNED REPRESENTATIVES THAT ALTHOUGH THE ASSESSEE HAS RAISED ITS SUBSTANTIVE GRIEVANCE OF TAX CREDIT OF MAT FROM TOTAL TAX LIABILITY FOR THE PURPOSE OF CHARGING SECTION 234C INTEREST THAT EXPLANATION TO SECTION 234C IN CLAUSE (V) IS EFFECTIVE FROM 2013-14 THAN CARRYING RETROSPECTIVE EFFECT, THE CIT(A)S LOWER APPELLATE ADJUDICATION HAS NOWHERE DEALT WITH THE RELEVANT FACTUAL MATRIX INVOLVED IN SECTION 154 I.T.A NO.1656/KOL/2019 WOODSIDE FASHIONS LTD. PAGE | 2 PROCEEDINGS. BOTH PARTIES ARE AD IDEM THEREFORE THAT THE ASSESSEES GRIEVANCE CANVASSED IN THE INSTANT LIS DESERVES TO BE RESTORED BACK TO THE ASSESSING OFFICER FOR FRESH ADJUDICATION/COMPUTATION AS PER LAW. WE ORDER ACCORDINGLY. THE ASSESSEE OR ITS AUTHORIZED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFORE 31.07.20. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 28.02.2020. SD/- ( A. L. SAINI ) SD/- (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER /KOLKATA; / DATE: 28/02/2020 RS / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT - WOODSIDE FASHIONS LTD. 2. THE RESPONDENT- ACIT, CIRCLE-31, KOLKATA. 3. ( ) / THE CIT(A), KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.