DCIT, Circle - 3(1), Kolkata, Kolkata V. M/s. The Peerless General Finance & Investment Co. Ltd., Kolkata

ITA 2573/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0930 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 29-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AGAINST DATED PASSED
• Assessee Lawyers: CITA KOLKATA AY; RESPECTIVELY INVOLV

Judgement Text

ITA NO.2572 & 2573/KOL/2017 (ASSESSMENT YEAR-2008-09 & 2009-10) IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH. S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.2572 & 2573/KOL/2017 (ASSESSMENT YEAR-2008-09 & 2009-10) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER BOTH APPEALS BY THE REVENUE AGAINST THE ORDER DATED 26.09.2017 PASSED BY CIT(A)-22, KOLKATA FOR AY 2008-09 & 2009-10 RESPECTIVELY, INVOLVE A COMMON ISSUE AND THE SAME THEREFORE, HAVE BEEN HEARD TOGETHER AND ARE BEING DISPOSED OF BY A CONSOLIDATED ORDER. ITA NO.2572/KOL/2017 2. THERE IS A DELAY OF 20 DAYS IN FILING THE APPEAL BY THE REVENUE, ON PERUSAL OF THE AFFIDAVIT FILED BY THE AO, WE FIND THE REASONS STATED THEREIN ARE BONAFIDE. HENCE, DELAY OF 20 DAYS ARE CONDONED. 3. HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD, IT IS NOTED THAT THE CIT(A) DIRECTED THE AO TO COMPUTE INTEREST U/S 234C OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) VIDE ITS ORDER DATED 1 DCIT, CIRCLE-3(1), P-7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO.19, KOLKATA-700069. VS M/S. PEERLESS GENERAL FINANCE & INVESTMENT CO.LTD., 3, ESPLANADE EAST, KOLKATA- 700069. PAN-AABCT3043L (APPELLANT) (RESPONDENT) APPELLANT BY SH. C.J.SINGH, SR.DR RESPONDENT BY SH.RAVI TULSIYAN, FCA DATE OF HEARING 01.11.2018 DATE OF PRONOUNCEMENT 22.11.2018 ITA NO.2572 & 2573/KOL/2017 (ASSESSMENT YEAR-2008-09 & 2009-10) 25.10.2010. HOWEVER, THE AO DID NOT RE-COMPUTE THE INTEREST AS PER THE DIRECTIONS OF THE CIT(A). IN THE IMPUGNED ORDER, THE CIT(A) BY MISTAKE DELETED THE ADDITION MADE ON ACCOUNT OF INTEREST U/S 234C OF THE ACT. LD.AR FAIRLY AGREED THAT THE MATTER REQUIRES TO BE REMANDED TO THE FILE OF THE AO FOR COMPUTATION OF INTEREST U/S 234C OF THE ACT AS PER THE EARLIER ORDER DATED 25.10.2010 PASSED BY THE THEN CIT(A). TAKING INTO CONSIDERATION THE SUBMISSIONS OF LD.AR AND FACTS AND CIRCUMSTANCES OF THE CASE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF AO TO COMPUTE INTEREST U/S 234C OF THE ACT AS INDICATED ABOVE. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ITA NO.2573/KOL/2017 4. THE VIEW TAKEN BY US IN ITA NO.2572/KOL/2017 IS APPLICABLE TO THIS APPEAL ALSO. THEREFORE, ALL GROUNDS RAISED BY REVENUE IN THIS APPEAL ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, BOTH APPEALS OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22.11.2018. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 22.11.2018 *AMIT KUMAR* 2 ITA NO.2572 & 2573/KOL/2017 (ASSESSMENT YEAR-2008-09 & 2009-10) COPY FORWARDED TO: 1. APPELLANT- DCIT, CIRCLE-3(1), P-7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO.19, KOLKATA-700069. 2. RESPONDENT- M/S. PEERLESS GENERAL FINANCE & INVESTMENT CO.LTD., 3, ESPLANADE EAST, KOLKATA-700069. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES SR.P.S./H.O.O ITAT, KOLKATA 3