DCIT, Faridabad V. M/s. Micro Management Ltd., Kolkata

ITA 4677/DEL/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6631 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 15-02-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 25-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BEDOBINA CHAUDHURI
• Assessee Lawyers: R S AHUJA
• Section: 14A

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER I.T.A. NO. 4677 /DEL/201 4 A.Y. 200 9 - 10 DCIT, CENTRAL CIRCLE - I, FARIDABAD VS. M/S MICRO MANAGEMENT LTD., ROOM NO. 854A, 8 TH FLOOR, 32, EZRA STREET, KOLKATA 7000001 (PAN: AABCM8245K) (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) DEPARTMENT BY : MS. BEDOBINA CHAUDHURI, SR. DR ASSESSEE BY : SH. R.S. AHUJA, FCA ORDER ORDER ORDER ORDER THE REVENUE HAS FILED THIS APPEAL AGAINST THE OR DER DATED 14.8.2013 PASSED BY THE LD. CIT(A), KOLKATA RELEVANT TO ASSES SMENT YEAR 2009-10 ON THE FOLLOWING PROPOSED GROUND:- WHETHER, ON THE FACTS AND THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS . 9,66,315/- MADE BY THE AO ON ACCOUNT OF DISALLOWANCE U/S. 14A CALCULATED AS PER SEPARATE SHEET AND RESTRICTED UPT O QUANTUM OF EXPENSES OF THE P&L ACCOUNT AND ADDITION OF RS. 35,29,877/- ON ACCOUNT OF DISALLOWANCE OF LOSS ON S HARES VIRTUE OF EXPLANATION TO SECTION 73. 2. AFTER PERUSING THE GROUND RAISED BY THE REVENUE, I FIND THAT THE DEPARTMENT HAS RAISED PROPOSED GROUND OF APPEAL SIG NED BY THE DCIT, CENTRAL CIRCLE-I, FARIDABAD WHICH IS NOT AS PER RULES. I N OTE THAT THIS APPEAL EARLIER CAME UP FOR HEARING BEFORE THE BENCH ON 23.6.2016 A ND 17.8.2016 AND ADJOURNED ON THE REQUEST OF THE ASSESSEE. ON 4.10.2 016 THE BENCH POINTED OUT THE DEFECT TO THE LD. DR AND DIRECTED TO AMEND THE GROUND OF APPEAL AND 2 ACCORDINGLY, THE CASE WAS ADJOURNED FOR 17.11.2016. ON 17.11.2016 THE DEPARTMENT DID NOT COMPLY WITH THE DIRECTION GIVEN BY THE BENCH ON 04.10.2016 AND AGAIN REQUESTED FOR ADJOURNMENT AND ACCORDING LY, THE BENCH ADJOURNED THE CASE FOR 21.12.2016 AND GRANTED LAST OPPORTUNIT Y TO THE LD. DR TO FILE THE AMENDED GROUND OF APPEAL, AS PER RULES. BUT DEPARTM ENT DID NOT DO THE NEEDFUL ON 21.12.2016 AND EVEN ON 15.2.2017 I.E. TODAY. 3. LD. COUNSEL FOR THE ASSESSEE RAISED THE OBJECTIO N ON THE ACTION OF THE DEPARTMENT. 4. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, I AM OF THE VIEW THAT THE APPEAL IS DEFECTIVE AND IS NOT MAINTA INABLE IN THE EYES OF LAW, HENCE, I DISMISS THE PRESENT APPEAL FILED BY THE RE VENUE, BEING DEFECTIVE. BUT IN THE INTEREST OF JUSTICE, I AM ARE GIVING THE LIB ERTY TO THE REVENUE TO FILE THE APPLICATION FOR RECALL OF THIS ORDER, AS PER RULES, AFTER RECTIFYING THE DEFECT. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/02/2017. SD/ SD/ SD/ SD/- -- - [ [[ [H.S. SIDHU H.S. SIDHU H.S. SIDHU H.S. SIDHU] ]] ] JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER DATE 15/02/2017 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES 3