DCIT, Circle -8, Kolkata, Kolkata V. M/s Orient Copper Industries Ltd., Kolkata

ITA 725/KOL/2012

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3244 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 07-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Assessee Lawyers: ANIL KOC; L K KOCHAR

Judgement Text

I.T.A. NO. 725/KOL./2012 ASSESSMENT YEAR: 2005-2006 & C.O. NO. 92/KOL/2012 (IN ITA NO. 725/KOL/2012) ASSESSMENT YEAR: 2005-2006 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 725/KOL/ 2012 ASSESSMENT YEAR : 2005-2006 DEPUTY COMMISSIONER OF INCOME TAX,................. .............APPELLANT CIRCLE-8, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 -VS.- M/S. ORIENT COPPER INDUSTRIES LIMITED,............. ..............RESPONDENT 113, PARK STREET, KOLKATA-700 016 [PAN : AAACO 5337 K] & C.O. NO. 92/KOL/2012 (ARSING OUT OF I.T.A. NO. 725/KOL/ 2012) ASSESSMENT YEAR : 2005-2006 M/S. ORIENT COPPER INDUSTRIES LIMITED,............. ..............CROSS OBJECTOR 113, PARK STREET, KOLKATA-700 016 [PAN : AAACO 5337 K] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. .............RESPONDENT CIRCLE-8, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: SHRI SAURABH KUMAR, JCIT, SR. D.R., FOR THE DEPARTMENT SHRI L.K. KOCHAR, ADVOCATE AND SHRI ANIL KOCHAR, AD VOCATE , FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JANUARY 07, 2016 DATE OF PRONOUNCING THE ORDER : JANUARY 29, 2016 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-VIII, KOLKATA DATED 27.02.2012 FOR I.T.A. NO. 725/KOL./2012 ASSESSMENT YEAR: 2005-2006 & C.O. NO. 92/KOL/2012 (IN ITA NO. 725/KOL/2012) ASSESSMENT YEAR: 2005-2006 PAGE 2 OF 3 THE ASSESSMENT YEAR 2005-06 AND THE SAME IS BEING D ISPOSED OF ALONG WITH CROSS OBJECTION FILED BY THE ASSESSEE BEING C. O. NO. 92/KOL/2012. 2. AS NOTED, AT THE OUTSET, THIS APPEAL IS FILED BY THE REVENUE IN THE NAME OF M/S. ORIENT COPPER INDUSTRIES LIMITED, A CO MPANY WHICH IS NOT IN EXISTENCE HAVING ALREADY BEEN MERGED WITH M/S. GEMB EL TRADE ENTERPRISES LIMITED ON 01.04.2010. IN THIS REGARD, THE REVENUE HAS FAILED TO FILE A REVISED FORM NO. 36 EVEN AFTER GIVING SUF FICIENT OPPORTUNITY TO DO SO. ON THE LAST DATE OF HEARING FIXED ON 06.11.2 015, A FINAL OPPORTUNITY WAS GIVEN TO THE LD. D.R. TO FILE THE REVISED FORM NO. 36 MAKING IT CLEAR THAT IF HE FAILS TO DO SO BY THE NEXT DATE OF HEARI NG, I.E. 07.01.2016, ADVERSE VIEW IN THE MATTER WOULD BE TAKEN AND THE A PPEAL OF THE REVENUE WOULD BE DISMISSED. THE REVENUE, HOWEVER, HAS FAILE D TO FILE THE REVISED FORM EVEN BY 07.01.2016, I.E. TODAY. WE, THEREFORE, TREAT THIS APPEAL FILED IN THE CASE OF NON-EXISTENT ASSESSEE AS NOT MAINTAI NABLE AND DISMISS THE SAME IN LIMINE. 3. THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BE COME INFRUCTUOUS AS A RESULT OF DISMISSAL OF THE CORRESPONDING APPEAL O F THE REVENUE, AS AGREED EVEN BY THE LD. COUNSEL FOR THE ASSESSEE, TH E SAME IS ALSO DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 29, 2016. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 29 TH DAY OF JANUARY, 2016 I.T.A. NO. 725/KOL./2012 ASSESSMENT YEAR: 2005-2006 & C.O. NO. 92/KOL/2012 (IN ITA NO. 725/KOL/2012) ASSESSMENT YEAR: 2005-2006 PAGE 3 OF 3 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (2) M/S. ORIENT COPPER INDUSTRIES LIMITED, 113, PARK STREET, KOLKATA-700 016 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-VIII, KOL KATA (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.