Parakh Kothi Limited, Kolkata V. ITO, Ward - 9(3), Kolkata , Kolkata

MA 141/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2036 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 03-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Assessee Lawyers: S L KOCHAR
• Keywords: Wrong claim

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER) M.A. NO. 141/KOL/2018 A/O ITA NO. 2340/KOL/2017 ASSESSMENT YEAR: 2013-14 PARAKH KOTHI LIMITED......................................................................APPELLANT C/O. S.L. KOCHAR, ADVOCATE 5, ASHUTOSH CHOWDHURY AVENUE KOLKATA 700 019 [PAN : AABCP 6868 A] INCOME TAX OFFICER, WARD-9(3), KOLKATA.........................................................RESPONDENT APPEARANCES BY: SHRI S.L. KOCHAR, ADVOCATE & ANIL KOCHAR, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI C.J. SINGH, CIT SR. D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 9 TH , 2018 DATE OF PRONOUNCING THE ORDER : NOVEMBER 16 TH , 2018 ORDER PER J. SUDHAKAR REDDY, AM :- BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNALS ORDER DT. 21/03/2018, INASMUCH AS, GROUND NO. 1, RAISED BEFORE THE TRIBUNAL HAS NOT BEEN ADJUDICATED. THE GROUND READS AS FOLLOWS:- 1. FOR THAT THE LD. CIT(A) OUGHT TO HAVE ACCEPTED THE CONTENTIONS RAISED BY THE APPELLANT THAT INTIMATION MADE U/S 143(1) OF THE ACT AFTER MAKING ADJUSTMENT OF RS.4,73,140/- WAS WRONG AND BAD-IN-LAW. 2. AFTER HEARING RIVAL CONTENTIONS, I FIND THAT AT PARA 6 OF THE ORDER, THE TRIBUNAL IN ITS ORDER HAS HELD AS FOLLOWS:- 6. AFTER HEARING THE RIVAL CONTENTIONS, PERUSING THE PAPERS ON RECORD AND ORDERS OF THE AUTHORITIES BELOW AS WELL AS CASE LAWS CITED, I HOLD AS FOLLOWS :- THE ASSESSEE IN ITS COMPUTATION OF INCOME HAS CLAIMED ELECTRICITY CHARGES U/S 57(III) OF THE ACT AS EXPENDITURE INCURRED FOR EARNING INTEREST ON SECURITY DEPOSIT. ADMITTEDLY THE ELECTRICITY CHARGES WERE INCURRED ON HOUSE PROPERTY ON WHICH THE ASSESSEE HAD EARNED RENTAL INCOME. THUS THIS IS A BLATANTLY WRONG CLAIM. I DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE FIRST APPELLATE AUTHORITY, WHERE HE HAS UPHELD THE INTIMATION PROCESSED BY CPC. AS REGARDS THE ENHANCEMENT OF THE INCOME, THE LD. CIT(A) HAS FOLLOWED A PROCEDURE LAID DOWN IN LAW BY ISSUING NOTICE TO THE ASSESSEE. HENCE I HAVE NO HESITATION IN UPHOLDING THE SAME AS FACTUALLY THE ASSESSEE COULD NOT CONTROVERT THESE FINDINGS. 2 M.A. NO. 141/KOL/2018 A/O ITA NO. 2340/KOL/2017 ASSESSMENT YEAR: 2013-14 PARAKH KOTHI LIMITED 2.1. THIS, IN MY VIEW DISPOSES OFF GROUND NO. 1 RAISED BY THE ASSESSEE. THUS, I FIND THAT THERE IS NOT MISTAKE APPARENT ON RECORD REQUIRING RECTIFICATION U/S 254(2) OF THE ACT. 3. IN VIEW OF THE ABOVE DISCUSSION, WE DISMISS THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE. KOLKATA, THE 16 TH DAY OF NOVEMBER, 2018. SD/- [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 16.11.2018 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. PARAKH KOTHI LIMITED C/O. S.L. KOCHAR, ADVOCATE 5, ASHUTOSH CHOWDHURY AVENUE KOLKATA 700 019 2. INCOME TAX OFFICER, WARD-9(3), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES 3 M.A. NO. 141/KOL/2018 A/O ITA NO. 2340/KOL/2017 ASSESSMENT YEAR: 2013-14 PARAKH KOTHI LIMITED