ITO, WD-1(2), HOOGHLY, Hooghly V. Sri Himat Lal Wallani, Jharkhand

MA 142/KOL/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5798 (ITAT-KOLKATA)
• Duration Of Justice: 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-09-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 31-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C, KOLKATA [BEFORE SHRI P.M. JAGTAP, AM & SHRI S.S. VISWANETHRA RAVI, JM] M.A. NO. 142/KOL/2017 (ARISING OUT OF ITA NO. 1206/KOL/2014) ASSESSMENT YEAR: 2005-06 I.T.O., WARD 1(2)................................................................APPELLANT AAYAKAR BHAWAN, G.T. ROAD KHADINAMORE, CHINSURAH HOOGHLY - 712101 SHRI HIMAT LAL WALLANI...................................RESPONDENT P.O. BARAJAMDA, WEST SINGHBHUM JHARKHAND 833221 [PAN: AAMPW7899R] APPEARANCES BY: SHRI SALLONG YADEN, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. NONE APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 15, 2017 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 15, 2017 O R D E R PER P.M. JAGTAP, ACCOUNTANT MEMBER: BY THIS MISCELLANEOUS APPLICATION, THE REVENUE IS SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED MAY 12, 2017 PASSED BY THE TRIBUNAL IN ITA NO. 1206/K/2014 DISMISSING THE APPEAL OF THE REVENUE ON THE GROUND OF LOW TAX EFFECT. 2. AT THE TIME OF HEARING FIXED TODAY, NONE HAS APPEARED ON BEHALF OF THE ASSESSEE. THIS MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS THEREFORE BEING DISPOSED OF EX-PARTE QUA THE ASSESSEE AFTER HEARING THE ARGUMENTS OF THE LEARNED DR AND PERUSING THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE REVENUE IN THE PRESENT MISCELLANEOUS APPLICATION AND FURTHER EXPLAINED BY THE 2 M.A. NO.142/KOL/2017 (A.Y. 2005-06) HIMAT LAL WALLANI LEARNED DR AT THE TIME OF HEARING, THE TAX EFFECT INVOLVED IN THE APPEAL OF THE REVENUE BEING ITA NO. 1206/K/2014 IS MORE THAN RS. 10,00,000/- AND THERE IS THUS A MISTAKE IN THE ORDER OF THE TRIBUNAL DATED MAY 12, 2017 (SUPRA) TO DISMISS THE SAME ON ACCOUNT OF LOW TAX EFFECT. WE, THEREFORE, RECTIFIED THE SAID MISTAKE BY RECALLING THE ORDER OF THE TRIBUNAL DATED MAY 12, 2017 AND DIRECT THE REGISTRY TO FIX THE SAID APPEAL FOR HEARING AFRESH BEFORE THE REGULAR BENCH IN DUE COURSE. AS THE CORRESPONDING CROSS - OBJECTION FILED BY THE ASSESSEE BEING C.O. NO. 81/K/2014 WAS ALSO DISMISSED BY THE SAID ORDER OF THE TRIBUNAL DATED MAY 12, 2017 BY TREATING THE SAME AS INFRUCTUOUS AS A RESULT OF DISMISSAL OF THE APPEAL OF THE REVENUE, THE REGISTRY IS DIRECTED TO FIX THE SAID CROSS OBJECTIONS ALSO FOR HEARING AFRESH ALONG WITH THE APPEAL OF THE REVENUE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH SEPTEMBER, 2017. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15/09/2017 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. SHRI HIMAT LAL WALLANI, JHARKHAND 2. ITO WARD 1(2), HOOGHLY 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA