M/s Everlink Distributors Pvt. Ltd., Kolkata V. The CIT, KOLKATA-1, KOLKATA, Kolkata

ITA 726/KOL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1355 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 06-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 25-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263

Judgement Text

1 ITA NO.726/KOL/2015 EVERLINK DISTRIBUTORS PVT. LTD.,AY- 2009-10 , A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA ( ) BEFORE . . , /AND . . , ) [BEFORE SHRI P. M. JAGTAP, AM & SHRI A. T. VARKEY, JM] I.T.A. NO. 726/KOL/2015 ASSESSMENT YEAR: 2009-10 M/S. EVERLINK DISTRIBUTORS PVT. LTD. (PAN: AACCE1268R) VS. COMMISSIONER OF INCOME-TAX, KOL-1, KOLKATA. APPELLANT RESPONDENT DATE OF HEARING 04.01.2018 DATE OF PRONOUNCEMENT 14.03.2018 FOR THE APPELLANT SHRI SUBASH AGARWAL, ADVOCATE FOR THE RESPONDENT SHRI SALLONG YADEN, ADDL. CIT ORDER PER SHRI A.T.VARKEY, JM THIS APPEAL PREFERRED BY ASSESSEE IS AGAINST THE RE VISIONAL ORDER OF LD. CIT, KOL-1, KOLKATA PASSED U/S. 263 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) DATED 31.03.2014 FOR AY 2009-10. THE GROUNDS OF AP PEAL PREFERRED BY THE ASSESSEE ARE AS UNDER: 1. FOR THAT THE LD. CIT, KOL-1 HAS ERRED IN LAW AS WELL AS ON FACTS OF THE CASE IN PASSING ORDER U/S. 263 OF THE I. T. ACT, 1961 IN RESPECT OF ASSESSMENT YEAR 2009-10 ON THE GROUNDS WHICH ARE NOT CORRECT. 2. AFTER GOING THROUGH THE IMPUGNED ORDER PASSED B Y THE CIT, WE NOTE THAT IN SIMILAR CASES WHERE THE FACTS ARE SIMILAR HAS TRAVELLED TO THE TRIBUNAL CHALLENGING THE ORDER OF THE CIT AND THE LEAD CASE BEFORE THE TRIBUNAL BEING M/S . SUBHALAXMI VANIJYA PVT. LTD. VS. CIT & ORS. IN ITA NO.1104/KOL/2014 & ORS. FOR AY 2009-1 0 VIDE ORDER DATED 30.07.2015 WAS DISMISSED BY THE TRIBUNAL THEREBY UPHOLDING THE ORD ER OF THE CIT. WE ALSO NOTE THAT IN SIMILAR CASE WHEREIN THE TRIBUNAL AFFIRMED THE ORDE R OF THE CIT WAS LATER ON CHALLENGED BEFORE THE HONBLE CALCUTTA HIGH COURT IN THE CASE OF M/S. RAJMANDIR ESTATE PVT. LTD. VS. 2 ITA NO.726/KOL/2015 EVERLINK DISTRIBUTORS PVT. LTD.,AY- 2009-10 PR. CIT 70 TAXMANN.COM 124 (CAL) WHEREIN THEIR LORD SHIPS WERE PLEASED TO AFFIRM THE ORDER OF THE TRIBUNAL. IT IS ALSO LEARNT THAT SOME OF THE ASSESSEES AGGRIEVED BY THE ORDER OF THE HONBLE CALCUTTA HIGH COURT HAD PREFERRED SLP A GAINST THE DECISION OF HONBLE CALCUTTA HIGH COURT BEFORE THE HONBLE SUPREME COURT WHICH HAS ALSO BEEN DISMISSED, WHICH IS REPORTED IN 77 TAXMANN.COM 285 (SC). THEREFORE, TH E ISSUE ON WHICH THE CIT HAS EXERCISED REVISIONAL JURISDICTION U/S 263 OF THE ACT IS NO LO NGER RES INTEGRA AND, THEREFORE, WE ARE NOT INCLINED TO INTERFERE IN THE ORDER OF THE LD. CIT A ND DISMISS THIS APPEAL OF ASSESSEE. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 14.03.201 8 SD/- SD/- (P. M. JAGTAP) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 14TH MARCH, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. EVERLINK DISTRIBUTORS PVT. LTD. , 16, MANGOE LANE, 2 ND FLOOR, KOLKATA-700 001. 2 RESPONDENT CIT, KOL-1, KOLKATA. 3. THE CIT(A) KOLKATA 4. 5. CIT KOLKATA DR, ITAT, KOLKATA. / TRUE COPY, BY ORDER, SR. PVT. SECRETARY