DCIT, Circle - 4(1), Kolkata, Kolkata V. M/S. K.B. Capital Markets (P) Ltd., Kolkata

ITA 841/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7573 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 27-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S HALDER
• Assessee Lawyers: A DEDHEWALA LD
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, KOLKATA BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 841/KOL/2018 ASSESSMENT YEAR: 2012-13 D.C.I.T., CIRCLE-4(1), KOLKATA.......................APPELLANT M/S. K B CAPITAL MARKETS (P) LTD......RESPONDENT [PAN :AABCK 1174 F] APPEARANCES BY: SHRI S. HALDER, SR. DR, APPEARED ON BEHALF OF THE APPELLANT. SHRI A. DEDHEWALA, LD. AR, APPEARED ON BEHALF OF THE RESPONDENT.. DATE OF CONCLUDING THE HEARING : JANUARY 14, 2019 DATE OF PRONOUNCING THE ORDER : JANUARY 16, 2019 ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER :- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLKATA [HEREINAFTER THE LD. CIT(A)], DATED 13.02.2018 PASSED U/S 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE ASSESSMENT YEAR 2012-13. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE ISSUE OF DISALLOWANCE MADE U/S 14A READ WITH RULE 8D(2)(II) AND RULE 8D(2)(III) ARE COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF ITAT, KOLKATA BENCH IN THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2008-09, ITA NOS.1726 & 1882/KOL/2012 ORDER DATED 13.05.2016. 2 M/S. K B CAPITAL MARKETS (P) LTD I.T.A. NO. 841/KOL/2018 ASSESSMENT YEAR: 2012-13 3. AS THE LD. CIT(A) HAS ADMITTEDLY APPLIED THIS DECISION OF THE TRIBUNAL, WE FIND NO INFIRMITY IN HIS ORDER. IN THE RESULT, WE DISMISS THIS APPEAL OF THE REVENUE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. KOLKATA, THE 16 TH JANUARY, 2019. SD/- SD/- [ S.S. VISWANETHRA RAVI ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16.01.2019 RS, SR.PS COPY OF THE ORDER FORWARDED TO: 1 . D.C.I.T., CIRCLE-4(1), KOLKATA, P-7, CHOWRINGHEE SQUARE, 8 TH FLOOR, KOL- 700 069. 2 . M/S. K B CAPITAL MARKETS (P) LTD., 25, SWALLOW LANE, WARDLEY HOUSE, KOL-1. 3. CIT(A)- 4. CIT- , 5. CIT(DR), TRUE COPY BY ORDER ASSISTANT REGISTRAR, KOLKATA BENCHES