Century Enka Limited, Panagarh V. DCIT, Circle-6, Kolkata, Kolkata

ITA 2276/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1638 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 29-12-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 244A

Judgement Text

I.T.A. NO. 2276/KOL./2014 ASSESSMENT YEAR: 2011-2012 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 2276/KOL/ 2014 ASSESSMENT YEAR: 2011-2012 CENTURY ENKA LIMITED,.............................. .............................APPELLANT CENTURY ARCADE, 2 ND FLOOR, NARANGI BAUG ROAD, PUNE-411 001 [PAN: AABCC 2491 D] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. ..................RESPONDENT CIRCLE-6, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: SHRI AKASH MANSINKA, ACA, FOR THE ASSESSEE N O N E, FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : JUNE 19, 2017 DATE OF PRONOUNCING THE ORDER : JUNE 19, 2017 O R D E R PER SHRI P.M. JAGTAP, A.M. .: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-VI, KOLKATA DA TED 13.10.2014. 2. AT THE TIME OF HEARING FIXED TODAY, I.E. ON 19.0 6.2017, NONE HAS APPEARED ON BEHALF OF THE RESPONDENT-REVENUE NOR AN Y APPLICATION SEEKING ADJOURNMENT HAS BEEN FILED. THIS APPEAL OF THE ASSESSEE IS, THEREFORE, BEING DISPOSED OF EX-PARTE QUA THE RESPONDENT-REVENUE AFTER I.T.A. NO. 2276/KOL./2014 ASSESSMENT YEAR: 2011-2012 PAGE 2 OF 3 HEARING THE ARGUMENTS OF THE LD. COUNSEL FOR THE AS SESSEE AND PERUSING THE RELEVANT MATERIAL AVAILABLE ON RECORD. 3. AS REGARDS THE ISSUE INVOLVED IN GROUND NO. 1 OF THE ASSESSEES APPEAL RELATING TO THE DISALLOWANCE MADE BY THE ASS ESSING OFFICER AND CONFIRMED BY THE LD. CIT(APPEALS) ON ACCOUNT OF PRO VISION FOR LEAVE ENCASHMENT, THE LD. COUNSEL FOR THE ASSESSEE HAS SU BMITTED THAT A SIMILAR ISSUE WAS INVOLVED IN ASSESSEES OWN CASE FOR A.Y. 2008-09 AND VIDE ITS ORDER DATED 18.05.2016 PASSED IN ITA NOS. 665/KOL/2 012 & 335/KOL/2012, THE TRIBUNAL RESTORED THE SAME TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN TERMS O F THE IMPENDING DECISION OF THE HONBLE SUPREME COURT IN THE CASE O F EXIDE INDUSTRIES LIMITED. THE TRIBUNAL DIRECTED THE ASSESSING OFFICE R TO AWAIT THE SAID DECISION AND THEN DECIDE THE ISSUE ACCORDINGLY. EVE N FOR A.Y. 2009-10, A SIMILAR VIEW HAS BEEN TAKEN BY THE TRIBUNAL VIDE IT S ORDER DATED 03.06.2016 PASSED IN ITA NO. 301/KOL/2013. RESPECTF ULLY FOLLOWING THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL R ENDERED IN ASSESSEES OWN CASE FOR A.YS. 2008-09 AND 2009-10, WE RESTORE THE ISSUE INVOLVED IN THE CASE OF THE ASSESSEE FOR THE YEAR UNDER CONSIDE RATION RELATING TO DISALLOWANCE OF PROVISION FOR LEAVE ENCASHMENT TO T HE FILE OF THE ASSESSING OFFICER FOR DECIDING THE SAME AS PER THE SAME DIRECTION AS GIVEN BY THE TRIBUNAL FOR A.YS. 2008-09 AND 2009-10. GROU ND NO. 1 OF THE ASSESSEES APPEAL IS ACCORDINGLY TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 4. GROUND NO. 2 RAISED BY THE ASSESSEE RELATING TO THE ISSUE OF LEVY OF INTEREST UNDER SECTION 234C IS NOT PRESSED BY THE L D. COUNSEL FOR THE ASSESSEE AT THE TIME OF HEARING BEFORE US. THE SAME IS ACCORDINGLY DISMISSED. 5. AS REGARDS GROUND NO. 3, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ISSUE INVOLVED THEREIN RELATING TO LEVY OF INTEREST UNDER SECTIONS 234D AND 244A IS CONSEQUENTIAL IN NA TURE. THE ASSESSING I.T.A. NO. 2276/KOL./2014 ASSESSMENT YEAR: 2011-2012 PAGE 3 OF 3 OFFICER IS DIRECTED TO GIVE CONSEQUENTIAL RELIEF TO THE ASSESSEE ON THIS ISSUE. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 19, 2017 . SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT ME MBER KOLKATA, THE 19 TH DAY OF JUNE, 2017 COPIES TO : (1) CENTURY ENKA LIMITED, CENTURY ARCADE, 2 ND FLOOR, NARANGI BAUG ROAD, PUNE-411 001 (2) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX(APPEALS)-VI, KOLKAT A; (4) COMMISSIONER OF INCOME TAX ,KOLKAT A (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, HEAD OF OFFICE/DDO INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.