M/s. Darpan Vinimay Pvt. Ltd, Kolkata V. DCIT, Cir-3(1), Kolkata, Kolkata

MA 133/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2449 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 07-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

M.A. NO. 133/KOL/2019 ( IN ITA NO. 704/KOL/2017) ASSESSMENT YEAR: 2012-2013 M/S. DARPAN VINIMAY PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA D BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER M.A. NO. 133/KOL/2019 (ARISING OUT OF I.T.A. NO. 704/KOL/2017) ASSESSMENT YEAR: 2012-2013 M/S. DARPAN VINIMAY PVT. LIMITED,.................. ....................APPLICANT 1/H/23, RAMESH DUTTA STREET, KOLKATA-700 006 [PAN: AACCD 0992 M] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. ................RESPONDENT CIRCLE-3(1), KOLKATA, AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO. 19, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 & I.T.A. NO. 704/KOL/2017 ASSESSMENT YEAR: 2012-2013 DEPUTY COMMISSIONER OF INCOME TAX,................. ................APPELLANT CIRCLE-3(1), KOLKATA, AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO. 19, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 -VS.- M/S. DARPAN VINIMAY PVT. LIMITED,.................. ....................RESPONDENT 1/H/23, RAMESH DUTTA STREET, KOLKATA-700 006 [PAN: AACCD 0992 M] APPEARANCES BY: SHRI ARVIND AGARWAL, ADVOCATE, FOR THE APPLICANT SHRI SHANKAR HALDER, JCIT, SR. D.R. , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : AUGUST 30, 2019 DATE OF PRONOUNCING THE ORDER : AUGUST 30, 2019 M.A. NO. 133/KOL/2019 ( IN ITA NO. 704/KOL/2017) ASSESSMENT YEAR: 2012-2013 M/S. DARPAN VINIMAY PVT. LIMITED 2 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KOLKATA ZONE) :- BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING RECALL OF THE TRIBUNALS ORDER DATED MARCH 04, 2019 PASSED EX -PARTE QUA THE RESPONDENT-ASSESSEE DISPOSING OF THE APPEAL OF THE REVENUE BEING ITA NO. 704/KOL/2017 ON THE GROUND THAT THE NOTICE OF HEARI NG FIXED ON MARCH 04, 2019 SENT ON THE WRONG ADDRESS WAS NEVER RECEIV ED BY THE ASSESESE AND SUCH NON-RECEIPT OF NOTICE RESULTED INTO NON-AP PEARANCE OF THE ASSESSEE ON MARCH 04, 2019 WHEN THE APPEAL WAS CALL ED FOR HEARING. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. KEEPING IN V IEW THE REASON GIVEN BY THE ASSESSEE AS ABOVE, WHICH IS DULY SUPPORTED B Y AN AFFIDAVIT OF THE DIRECTOR OF THE ASSESSEE-COMPANY, WE ARE SATISFIED THAT THERE WAS A SUFFICIENT CAUSE FOR THE NON-APPEARANCE OF THE ASSE SSEE, WHEN REVENUES APPEAL WAS CALLED FOR HEARING BEFORE THE TRIBUNAL O N MARCH 04, 2019. WE ACCORDINGLY RECALL THE TRIBUNALS ORDER DATED MARCH 04, 2019 PASSED EX- PARTE AND RESTORE THE APPEAL OF THE REVENUE BEING I .T.A. NO. 704/KOL/2017. 3. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE, THE TAX EFFECT INVOLVED IN THE APPEAL OF THE REVENUE IS LESS THAN RS.50,00,000/- AND THE SAME, THEREFORE, IS LIABLE TO BE DISMISSED KEEPING IN VIEW THE RECENT CIRCULAR NO. 17/2019 ISSUED BY THE CBDT DATED 8 TH AUGUST, 2019 INCREASING THE MONETARY LIMIT FOR FILING THE APPEAL BY REVENUE BEFORE THE TRIBUNAL TO RS.50,00,000/-. THE SAID CIRCULAR IS AL SO MADE APPLICABLE EVEN TO THE PENDING APPEALS AND AS A RESULT OF RE-CALLIN G OF THE EX-PARTE ORDER OF THE TRIBUNAL DATED MARCH 04, 2019, THE CORRESPON DING APPEAL OF THE REVENUE HAS BECOME PENDING NOW HAVING BEEN RESTORED TO ITS ORIGINAL NUMBER. WE, THEREFORE, DISMISS THE SAID APPEAL AS N OT PRESSED OR M.A. NO. 133/KOL/2019 ( IN ITA NO. 704/KOL/2017) ASSESSMENT YEAR: 2012-2013 M/S. DARPAN VINIMAY PVT. LIMITED 3 WITHDRAWN BY THE REVENUE ON ACCOUNT OF LOW TAX EFFE CT KEEPING IN VIEW THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED, WHILE THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 30, 20 19. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER VICE -PRESIDENT (KZ) KOLKATA, THE 30 TH DAY OF AUGUST, 2019 COPIES TO : (1) M/S. DARPAN VINIMAY PVT. LIMITED, 1/H/23, RAMESH DUTTA STREET, KOLKATA-700 006 (2) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), KOLKATA, AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO. 19, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-12, 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.