ITO, WD-8(3), KOLKATA, Kolkata V. M/s Topline Products Pvt Ltd., Kolkata

MA 14/KOL/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3260 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-06-2015
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 16-03-2015
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

MA NO . 1 4 /KOL/201 5 M/S. TOPLINE PRODUCTS P.LTD C - JM 1 IN THE INCOME TAX APPELLATE TRIBUNAL : BENCH B : KOLKATA [ BEFORE HON. SHRI P.K. BANSAL , ACCOUNTANT MEMBER & HON. SHRI MAHAVIR SINGH , JUDICIAL MEMBER] MISC. APPLICATION NO . 1 4 /KOL/201 5 [ ARISING OUT OF ITA NO . 2447 /KOL/201 3 A.Y 200 7 - 08 ] I.T.O WARD 8(3), KOLKATA VS. M/S. TOPLINE PRODUCTS PVT. LTD PAN: AABCT8402B [ APPLICANT ] [RESPONDENT] FOR THE APPLIC ANT : SHRI AMITAV ROY, ADDLCIT/SR.DR FOR THE RESPONDENT : NONE APPEARED DATE OF HEARING : 1 9 - 06 - 2015 DATE OF PRONOUNCEMENT : 19 - 06 - 2015 O R D E R SHRI MAHAVIR SINGH , JUDICIAL MEMBER : BY WAY OF THIS MISCELLANEOUS APPLICATION THE R EVENUE HAS REQUESTED THE TRIBUNAL TO RECTIFY A MISTAKE APPARENT FROM RECORD IN THE ORDER OF THE TRIBUNAL IN ITA NO . 2447/KOL/2013 FOR THE ASSESSMENT YEAR 2007 - 08 DATED 2 7/08/2014 . 2. WE FIND THAT THIS IS A LOW TAX EFFECT COVERED BY CBDT CIRCULAR/INSTRUC TION NO.3/2001 DATED 09 - 02 - 2014 REGARDING THE ISSUE OF REVENUE AUDIT OBJECTION AND AUDIT OBJECTION. WE FIND FROM THE ORDER OF THE TRIBUNAL THAT A SPECIFIC QUERY WAS RAISED TO THE LD.DR DURING THE COURSE OF HEARING , BUT HE COULD NOT POINT OUT ANY EXCEP TION AS PROVIDED IN SAID CIRCULA R /INSTRUCTION OF THE CBDT. HENCE, THE MATTER WAS TAKEN UP FOR HEARING. NOW THE REVENUE CANNOT CONTEND THAT THERE IS A MISTAKE APPARENT FROM RECORD IN THE SAID ORDER OF THE TRIBUNAL. ACCORDINGLY, THE MISC. APPLICATION FI LED BY THE REVENUE IS DISMISSED. MA NO . 1 4 /KOL/201 5 M/S. TOPLINE PRODUCTS P.LTD C - JM 2 3. I N THE RESULT, THE MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED IN TERMS OF THE ABOVE . THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON 19/06/2015 SD/ - SD/ - [ P.K BANSAL ] [ MAHAVIR SINGH ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 19/06/2015 **PRADIP SPS COPY OF THE ORDER FORWARDED TO : 1 . APPLICANT: I.T.O W 8(3), KOLKATA . 2 . RESPONDENT: M/S. TOPLINE PRODUCTS PVT. LTD 113 PARK ST, PODDAR POINT, NORTH BLOCK, KOL - 16. 3 . THE CIT(A) KOL. 4. THE CIT KOL. 5. DR,ITAT, KOL TRUE COPY BY ORDER ASSISTANT REGISTRAR,ITAT,KOL