ACIT, Circle - 4(1), Kolkata, Kolkata V. M/s. Goodricke Group Limited, Kolkata

MA 129/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0188 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-12-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 13-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHUR Y
• Assessee Lawyers: TANMOY DUTTA
• Keywords: Audit objection; Tax effect
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D, BENCH KOLKATA BEFORE SHRI A.T. VARKEY, JM & DR. A.L. SAINI, AM M.A NO.129/KOL/2018 (ARISING OUT OF I.T.A NO.1981/KOL/2016) ( / ASSESSMENT YEAR: 2007-08) ACIT, CIRCLE-4(1), KOLKATA VS. M/S. GOODRICKE GROUP LIMITED CAMELIA HOUSE, 14 GURSADAY ROAD, KOLKATA 700 019. ./ ./PAN/GIR NO. : AABCG 1614 Q (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI ROBIN CHOUDHURY, ADDL. CIT, SR. DR RESPONDENT BY : SHRI TANMOY DUTTA, A/R / DATE OF HEARING : 26/10/2018 /DATE OF PRONOUNCEMENT : 07/12/2018 / O R D E R PER DR. ARJUN LAL SAINI, AM: BY WAY OF CAPTIONED APPLICATION, THE REVENUE HAS SOUGHT TO POINT OUT THAT A MISTAKE APPARENT FROM RECORD WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT, 1961(IN SHORT THE ACT) HAS CREPT IN THE ORDER OF THE TRIBUNAL DATED 16.01.2018. 2. THE CASE OF THE REVENUE IN THIS MISCELLANEOUS APPLICATION IS THAT THOUGH THE INVOLVEMENT OF TAX EFFECT IN THE ASSESSEES CASE IS LOW, BUT THE ISSUE ARISES OUT OF REVENUE AUDIT OBJECTION, THEREFORE THE SAID APPEAL SHOULD BE CONTESTED ON MERITS; AS PER THE EXCEPTION PROVIDED BY THE CBDT CIRCULAR NO.03/2018 DATED 11.07.2018. 3. WE NOTE THAT THE SAID CIRCULAR NO.03/2018 DATED 11.07.2018, PROVIDES EXCEPTION THAT THE REVENUES AUDIT OBJECTION ACCEPTED BY THE DEPARTMENT SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTITLED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 OF THE SAID CIRCULAR OR THERE IS NOT TAX EFFECT. WE M.A NO.129/KOL/2018 M/S. GOODRICKE GROUP LIMITED PAGE | 2 NOTE THAT LD. CIT-II TAKING NOTE OF REVENUES AUDIT OBJECTIONS HAS EXERCISED ITS JURISDICTION U/S 263 OF THE ACT. IN PURSUANCE OF SECTION 263 OF THE ACT, THE ASSESSING OFFICER HAS PASSED THE ORDER AND SUBSEQUENTLY THE ASSESSEE CARRIED THE MATTER IN APPEAL BEFORE THE LD. CIT(A) WHO HAS GIVEN RELIEF TO THE ASSESSEE. AGAINST THE ORDER OF THE LD. CIT(A), THE REVENUE IS IN APPEAL BEFORE US. WE NOTE THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.20 LAKH BUT THIS APPEAL RELATES TO THE AUDIT OBJECTION ACCEPTED BY THE DEPARTMENT THEREFORE, AS PER CIRCULAR NO.3/2018, IT FALLS IN ONE OF THE EXCEPTIONS THAT IS AUDIT OBJECTION, THEREFORE, THE REVENUES INSTANT APPEAL SHOULD BE CONTESTED ON MERITS. HENCE, WE ACCEPT THE MISCELLANEOUS APPLICATION OF THE DEPARTMENT AND DIRECT THE REGISTRY TO FIX THE CASE IN THE DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 07 /12/2018. SD/- (A. T. VARKEY) SD/- (A. L. SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA; DATED 07/11/2018 RS, SR.P.S / COPY OF THE ORDER FORWARDED TO : //TRUE COPY// BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. / THE APPELLANT ACIT, CIRCLE-4(1), KOLKATA 2. / THE RESPONDENT- M/S. GOODRICKE GROUP LIMITED 3. ( ) / THE CIT(A), :KOLKATA. 4. / CIT 5. , , / DR, ITAT, KOLKATA 6. / GUARD FILE.