DCIT, Circle - 3(1), Kolkata V. M/S. Maithan Alloys Ltd., Kolkata

ITA 1731/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3448 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 23-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SHRI ABY T. VARKEY, HONBLE JUDICIAL MEMBER] I.T.A. NO. 1731/KOL/2019 ASSESSMENT YEAR: 2015-16 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), KOLKATA......................APPELLANT VS. M/S. MAITHON ALLOYS LIMITED.............................RESPONDENT 9, AJC BOSE ROAD 4 TH FLOOR KOLKATA 700 017 [PAN: ABCM 7758 B] APPEARANCES BY: NONE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI DHRUBJYOTI RAY, D/R, APPEARING ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : OCTOBER 31 ST , 2019 DATE OF PRONOUNCING THE ORDER : NOVEMBER 27 TH , 2019 O R D E R PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 1, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 27/02/2019, FOR THE ASSESSMENT YEAR 2015-16. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS NO PETITION FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES, WE DISPOSE OFF THE CASE EX-PARTE QUA THE ASSESSEE AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE. 3. GROUND NO. 1, READS AS FOLLOWS:- WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) WAS JUSTIFIED IN ALLOWING THE MAT CREDIT IN FULL OF RS.4,58,08,065/- INSTEAD OF RS.4,04,30,772/- BY ACCEPTING THE EVIDENCES FURNISHED BY THE ASSESSEE AT THE APPEAL STAGE WITHOUT REMANDING THE MATTER BACK TO THE A.O. FOR VERIFICATION? 3.1. THE LD. D/R WAS NOT ABLE TO POINT OUT THE FACTUAL MISTAKE IN THE ORDER OF THE LD. CIT(A) ALLOWING MAT CREDIT IN FULL. IN THE ABSENCE OF SUCH SPECIFIC PLEADINGS, THIS GROUND OF THE REVENUE IS DISMISSED. 4. GROUND NO. 2 AND 3 ARE AGAINST THE ALLOWANCE OF DEDUCTION OF EDUCATION CESS PAID. 4.1. THE LD. CIT(A) IN ITS ORDER DT. 27/02/2019, AGAINST WHICH THE REVENUE HAS PREFERRED THIS APPEAL, HAS NOT GRANTED ANY SUCH RELIEF. THUS, THIS GROUND IS NOT MAINTAINABLE. 5. IN THE RESULT, APPEAL OF THE KOLKATA, THE SD/- [ABY T. VARKEY] JUDICIAL MEMBER DATED : 27.11.2019 {SC SPS} C OPY OF THE ORDER FORWARDED TO: 1. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2. M/S. MAITHON ALLOYS LIMITED 9, AJC BOSE ROAD 4 TH FLOOR KOLKATA 700 017 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 2 THE LD. CIT(A) IN ITS ORDER DT. 27/02/2019, AGAINST WHICH THE REVENUE HAS PREFERRED THIS APPEAL, HAS NOT GRANTED ANY SUCH RELIEF. THUS, THIS GROUND IS NOT IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. KOLKATA, THE 27 TH DAY OF NOVEMBER, 2019. [ J. SUDHAKAR REDDY] ACCOUNTANT MEMBER OPY OF THE ORDER FORWARDED TO: DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -3(1), KOLKATA M/S. MAITHON ALLOYS LIMITED 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES I.T.A. NO. 1731/KOL/2019 ASSESSMENT YEAR: 2015-16 M/S. MAITHON ALLOYS LIMITED THE LD. CIT(A) IN ITS ORDER DT. 27/02/2019, AGAINST WHICH THE REVENUE HAS PREFERRED THIS APPEAL, HAS NOT GRANTED ANY SUCH RELIEF. THUS, THIS GROUND IS NOT SD/- J. SUDHAKAR REDDY] ACCOUNTANT MEMBER TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES