ITO, WD-3(2), KOLKATA, Kolkata V. Vikash Iron & Steel Pvt. Ltd., Kolkata

MA 128/KOL/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4066 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-03-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 10-12-2015
• Court: TRIBUNAL
• Keywords: Reassessment proceedings
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI MAHAVIR SINGH, JM & SHRI WASEEM AHMED , AM] M.A. NOS. 128 & 129/KOL/2015 IN I.T.A NOS.332 & 333/KOL/2012 ASSESSMENT YEARS: 2003-04 & 2004-05 INCOME-TAX OFFICER, WD-3(2), KOLKATA VS. VIKAS H IRON & STEEL PVT. LTD. (PAN: AABCV5950G) ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING: 18.03.2016 DATE OF PRONOUNCEMENT: 18.03.2016 FOR THE APPLICANT: SHRI D. BANERJEE, JCIT FOR THE RESPONDENT: SHRI R. P. AGARWAL, ADVOCATE ORDER PER SHRI MAHAVIR SINGH, JM: FIRST WE TAKE UP MA NO. 128/KOL/2015. THE REVENUE HAS FILED THIS MISC. APPLICATION BY STATING THAT THE TRIBUNAL HAS DEALT WITH THE ISSUE OF REASSESSMENT PROCEEDINGS AND QUASHED THE REASSESSMENT PROCEEDINGS INITIATED U/S. 147/148 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). LD. S R. DR TOOK US TO ITA NO.475/KOL/2011 FOR AY 2007-08 WHEREIN THE ASSESSMENT WAS FRAMED U/S. 1 43(3) OF THE ACT AND NOT U/S. 147/148 OF THE ACT. IN VIEW OF THIS, LD. SR. DR STATED THA T THERE IS A MISTAKE APPARENT FROM RECORD IN THE ORDER OF THE TRIBUNAL IN DISPOSING OF THIS APPE AL WITHOUT ADJUDICATING THE ISSUES ON MERITS. WHEN THIS WAS POINTED OUT TO LD. SR. COUNS EL FOR THE ASSESSEE, HE FAIRLY CONCEDED THE POSITION. 2. IN VIEW OF THE ABOVE, WE RECALL THE ORDER OF THE TRIBUNAL ONLY FOR AY 2007-08 IN ITA NO. 475/KOL/2011 AND DIRECT THE REGISTRY TO FIX THE SAME ON 9 TH MAY, 2016 AFTER ISSUING NOTICE TO THE PARTIES. THIS MISC. APPLICATION OF R EVENUE IS ALLOWED. 3. NOW, WE ARE COMING TO MA NO. 129/KOL/2015. THE LD. SR. DR RAISED THE SAME ISSUE THAT THIS IS ALSO THE ASSESSMENT FRAMED U/S. 143(3) OF THE ACT AND NOT U/S. 147/148 OF THE ACT. WE HAVE GONE THROUGH THE ASSESSMENT ORDER FOR AY 2008-09 AND NOTICED THAT THE ASSESSMENT WAS FRAMED U/S. 147/145(3) OF THE ACT AN D THIS FACT WAS MENTIONED BY THE AO IN COLUMN NO. 13. EVEN OTHERWISE, THE AO IN ASSESSMEN T ORDER AT PAGE 6 LAST PARA HAS MENTIONED AS UNDER: A SSESSED U/S. 147/145(3) AS ABOVE. 2 MA NOS.128 & 129/KOL/2015 VIKASH IRON & STEEL PVT. LTD. AY 2003-04 & 2004-05 4. ONCE THIS IS THE POSITION, WE FIND NO MISTAKE AP PARENT FROM THE ORDER OF THE ITAT IN DISPOSING OF ITA NO. 334/K/2012 FOR AY 2008-09. HE NCE, THIS MISC. APPLICATION OF REVENUE IS DISMISSED. 5. IN THE RESULT, M.A NO. 128/K/2015 OF REVENUE IS ALLOWED AND MA NO. 129/K/2015 OF REVENUE IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (WASEEM AHMED) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 18 TH MARCH, 2016 JD. SR. P.S COPY OF THE ORDER FORWARDED TO: 1. APPLICANT ITO, WD-3(2), KOLKATA. 2. RESPONDENT VIKASH IRON & STEEL PVT. LTD., CHHAPAR IA & ASSOCIATES, SHANTINIKETAN BUILDING, 8, CAMAC STREET, 5 TH FLOOR, SUITE-2, KOLKATA-700 017 3. CIT(A) , KOLKATA. 4. CIT , KOLKATA 4. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .