I.T.O.,Ward-13(1), Kolkata V. M/s Esteem Tradecom Pvt Ltd, Kolkata

ITA 1710/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9232 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-07-2020
• Assessment Year: 2016-2017
• Appeal Filed On: 19-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI ROY
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Rectification of order; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A, BENC H KOLKATA BEFORE SHRI S.S.GODARA, JM & DR. A.L.SAINI, AM ITA NO.1710/KOL/2019 (A.Y: 2016-17) ITO, WARD-13(1), KOLKATA VS. M/S ESTEEM TRADECOM PVT. LTD. 90, CHOKDAH ANANDAPALLY, DHALIPARA, NEAR PURBA ANANDAPALLY-7000093 ./ ./PAN/GIR NO. : AAACE 5486 D ( /APPELLANT ) .. ( / RESPONDENT ) APPELLANT BY :SHRI DHRUBAJYOTI ROY, JCIT RESPONDENT BY : SHRI MIRAJ D SHAH, ADVOCATE / DATE OF HEARING : 09/07/2020 /DATE OF PRONOUNCEMENT: 12/08/2020 / O R D E R PER SHRI S.S. GODARA, JM: THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2016-17 IS DIRECTED AGAINST THE CIT(A)-5, KOLKATAS ORDER DATED 02/04/2019 IN APPEA L NO. 723/CIT(A)-5/WARD- 13(1)/18-19/KOL INVOLVING PROCEEDINGS U/S 143(3) O F THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE LEARNED AUTHORIZED REPRESENTATIVE HAS FILED WRITTEN NOTE AT THE OUTSET THAT THE INSTANT APPEAL INVOLVES TAX EFFECT OF RS. 39,49 ,041/- I.E. LESS THAN RS. 50 LACS. AS PER CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 A PPLICABLE ON PENDING CASES AS WELL. MR. ROY SUBMITS ON THE OTHER HAND IS THAT THE INSTANT APPEAL NEEDS MORE THAN THRESHOLD TAX EFFECT LIMIT GRIEVANCES IN REVEN UES THREE SUBSTANTIVE GROUNDS. HE FAILS TO DISPUTE THAT THE ASSESSEES TAX EFFECT COMPUTATION CONFIRMS TO ASSESSING OFFICERS RECTIFICATION ORDER DATED 11.12 .2019. BE THAT AS IT MAY, WE FIND NO MERIT IN THE REVENUES ARGUMENT AT THIS STA GE. IT SHALL HOWEVER BE OPEN FOR THE DEPARTMENT TO TAKE RECOURSE TO THE APPROPRI ATE REMEDY IN CASE THE M/S ESTEEM TRADECOM PVT. LTD. ITA NO.1710/KOL/2019 A.Y: 2016-17 2 ASSESSING OFFICER FIND TAX EFFECT INVOLVED IN THE I NSTANT CASE IS MORE THAN THE ABOVE PRESCRIBED LIMIT OF RS. 50 LACS. 3. THIS REVENUES APPEAL IS DISMISSED IN ABOVE TER MS. ORDER PRONOUNCED IN THE COURT ON 12.08.2020 SD/- (A.L.SAINI) SD/- (S.S.GODARA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / DATE: 12/08/2020 ( SB, SR.PS ) COPY OF THE ORDER FORWARDED TO: 1. ITO, WARD-13(1), KOLKATA 2. M/S ESTEEM TRADECOM PVT. LTD. 3. C.I.T(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATABENCHES, KOLKATA. 6. GUARD FILE. TRUE COPY BY ORDER ASSIST ANT REGISTRAR ITAT, KOLKA TA BENCHES