A.C.I.T.,Circle-2(1), Kolkata V. M/s ABCI Intrastracture Pvt. Ltd., Kolkata

MA 10/KOL/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5935 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-04-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 02-03-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect
• Section: 201

Judgement Text

M.A. NO. 10/KOL/2021 (IN ITA NO. 285/KOL/2020) ASSESSMENT YEAR: 2003-2004 M/S. ABCI INFRASTRUCTURE PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI A.T. VARKEY, JUDICIAL MEMBER M.A. NO. 10/KOL/2021 (ARISING OUT OF I.T.A. NO. 285/KOL/2020) ASSESSMENT YEAR: 2003-2004 ASSISTANT COMMISSIONER OF INCOME TAX,.............. ............................APPLICANT CIRCLE-1(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 -VS.- M/S. ABCI INFRASTRUCTURE PVT. LIMITED, ............ ..............................RESPONDENT 2/7, SARAT BOSE ROAD, ROOM NO. 4, 6 TH FLOOR, KOLKATA-700020 [PAN:AACCM3317R] APPEARANCES BY: SHRI JAYANTA KHANRA, JCIT , FOR THE APPLICANT SHRI MIRAJ D. SHAH, A.R., FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : APRIL 23, 2021 DATE OF PRONOUNCING THE ORDER : APRIL 23, 2021 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT:- BY THIS MISCELLANEOUS APPLICATION, THE REVENUE IS S EEKING RECALL OF THE TRIBUNALS ORDER DATED AUGUST 12, 2020 PASSED I N ITA NO. 285/KOL/2020. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE REVENUE IN THE M.A. NO. 10/KOL/2021 (IN ITA NO. 285/KOL/2020) ASSESSMENT YEAR: 2003-2004 M/S. ABCI INFRASTRUCTURE PVT. LIMITED 2 PRESENT MISCELLANEOUS APPLICATION AND FURTHER REITE RATED BY THE LD. D.R., THE APPEAL OF THE REVENUE FILED IN THIS CASE WAS DI SMISSED BY THE TRIBUNAL VIDE ITS ORDER DATED AUGUST 12, 2020 (SUPRA) ON ACC OUNT OF LOW TAX EFFECT INVOLVED IN VIEW OF THE CBDT CIRCULAR NO. 17 OF 201 9 DATED 08.08.2019 WITHOUT CONSIDERING THAT REVENUE AUDIT OBJECTION WA S RAISED IN THIS CASE AND SINCE THE SAME HAD BEEN ACCEPTED BY THE DEPARTM ENT, THE CASE WAS COVERED BY THE EXCEPTION 10(C) OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018. ALTHOUGH THE LD. COUNSEL FOR THE ASSESS EE HAS SUBMITTED THAT THIS ASPECT HAS ALREADY BEEN CONSIDERED AND DECIDED BY THE TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2009-10 WHI LE DISMISSING THE APPEAL OF THE REVENUE VIDE ITS ORDER DATED 31.08.20 18 PASSED IN ITA NO. 1788/KOL/2016, WHEREBY THE APPEAL OF THE REVENUE WA S DISMISSED FOR LOW TAX EFFECT WE FIND THAT THIS RELEVANT ASPECT OF THE MATTER WAS NOT SPECIFICALLY CONSIDERED BY THE TRIBUNAL WHILE DISMI SSING THE APPEAL OF THE ASSESSEE FOR LOW TAX EFFECT FOR A.Y. 2003-04 VIDE I TS ORDER DATED AUGUST 12, 2020 (SUPRA). THERE IS THUS A MISTAKE IN THE SA ID ORDER OF THE TRIBUNAL AND WE RECTIFY THE SAME BY RECALLING THE ORDER OF T HE TRIBUNAL DATED AUGUST 12, 2020 AND RESTORING THE APPEAL TO ITS ORI GINAL NUMBER I.E. ITA 285/KOL/2020. THE REGISTRY IS DIRECTED TO FIX THE S AID APPEAL FOR HEARING AFRESH BEFORE THE REGULAR BENCH ON 5 TH MAY, 2021 AS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 23, 202 1. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT KOLKATA, THE 23 RD DAY OF APRIL, 2021 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 M.A. NO. 10/KOL/2021 (IN ITA NO. 285/KOL/2020) ASSESSMENT YEAR: 2003-2004 M/S. ABCI INFRASTRUCTURE PVT. LIMITED 3 (2) M/S. ABCI INFRASTRUCTURE PVT. LIMITED, 2/7, SARAT BOSE ROAD, ROOM NO. 4, 6 TH FLOOR, KOLKATA-700020 (3) COMMISSIONER OF INCOME TAX (APPEALS)-10, KOLK ATA, (4) COMMISSIONER OF INCOME TAX , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.