ITO, Ward-9(4), Kolkata, Kolkata V. M/s Sagar Trexim Pvt Ltd., Kolkata

MA 100/KOL/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5479 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-03-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 02-12-2016
• Assessment Year: 1996-1997
• Appeal Filed On: 14-07-2016
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Tax effect

Judgement Text

M.A.NO.100/KOL/2016 A/O ITA NO.715/KOL/2012-M/S. S AGAR TTREXIM (P)LTD. A.Y.1996-97 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH C KOL KATA [BEFORE HONBLE SHRI N.V.VASUDEVAN, JM & SHRI WAS EEM AHMED, AM ] M.A.NO.100/KOL/2016 (A/O ITA NO.715/KOL/2012) ASSESSMENT YEAR : 1996-97 I.T.O., WARD-9(4) -VERSUS- M/S SAGAR TREXIM (P) LTD. KOLKATA KOLKATA (PAN:AAECB 8194 E) (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI SAURABH KUMAR, ADDL. CI T. SR.DR FOR THE RESPONDENT: SHRI MIRAJ D.SHAH, AR DATE OF HEARING : 24.03.2017 DATE OF PRONOUNCEMENT : 24.03.2017. ORDER PER N.V.VASUDEVAN, JM: THIS IS A MISCELLANEOUS APPLICATION FILED BY THE RE VENUE U/S.254(2) OF THE INCOME TAX ACT, 1961 (ACT) PRAYING FOR RECALLING OF THE ORDER DATED 14.01.2016 PASSED IN THE AFORESAID APPEAL IN AND BY WHICH THE APPEAL OF THE REVENUE WAS DISMISSED ON THE GROUND THAT THE TAX EFFECT INVOLVE D IN THE APPEAL WAS LESS THAN RS.10 LAKHS AND THEREFORE THE APPEAL WAS FILED CONTRARY T O CBDT CIRCULAR NO.21/2015 DATED 10.12.2015. THE APPEAL OF THE REVENUE WAS DISMISSED AS NOT MAINTAINABLE BEING CONTRARY TO CBDT CIRCULAR REFERRED TO ABOVE. 2. IN THIS MISCELLANEOUS APPLICATION THE REVENUE HAS POINTED OUT THAT THE TAX EFFECT IN THE AFORESAID APPEAL WAS MORE THAN RS.10 LAKHS. THE LD. DR DREW OUR ATTENTION TO THE TAX EFFECT COMPUTATION AS GIVEN BY THE AO AND IT SH OWS THAT THE TAX EFFECT IN THE APPEAL WAS RS..13,92,218/-. THE LD. AR COULD NOT PO INT OUT ANY MISTAKE IN THE COMPUTATION OF TAX EFFECT AS GIVEN BY THE AO. IN TH IS CIRCUMSTANCES WE ARE OF THE VIEW THAT THERE IS A MISTAKE APPARENT IN THE FACE OF THE RECORD OF THE TRIBUNAL. THE ORDER M.A.NO.100/KOL/2016 A/O ITA NO.715/KOL/2012-M/S. S AGAR TTREXIM (P)LTD. A.Y.1996-97 2 DATED 14.01.2016 IN SO FAR AS IT RELATES TO THE APP LICANT IN THE MISCELLANEOUS APPLICATION IS RECALLED AND THE APPEAL IS DIRECTED TO BE FIXED FOR HEARING IN THE NORMAL COURSE BY THE REGISTRY. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION BY THE REVENUE IS ALLOWED. O RDER PRONOUNCED IN THE COURT ON 24.03.2017. SD/- SD/- [WASEEM AHMED ] [ N.V.VASUDEVAN ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 24.03.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1.M/S. SAGAR TREXIM (P)LTD., 9, JAGMOHAN MULLICK LA NE, KOLKATA-700007. 2. .I.T.O., WARD-9(4), KOLKATA 3. C.I.T.(A)-VIII, KOLKATA 4. C.I.T.- III , KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER, ASST. REGISTRAR, ITAT, KOLKATA BENCHES