ITO, Ward - 1(4), Kolkata , Kolkata V. Alliance Vintrade Private Limited , Kolkata

MA 154/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1644 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 12-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHARY
• Assessee Lawyers: V K JAIN
• Keywords: Unexplained expenditure

Judgement Text

1 MA NO. 154/KOL/2019 ALLIANCE VINTRADE PVT. LTD., AY - 2014-15 , SMC , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: K OLKATA ( ) . . , ) [BEFORE SHRI A. T. VARKEY, JM] MA NO. 154/KOL/2019 IN I.T.A. NO. 1855/KOL/2018 ASSESSMENT YEAR: 2014-15 INCOME-TAX OFFICER, WD-1(4), KOLKATA VS. ALLIANCE V INTRADE PVT. LTD. (PAN: AAHCA5283F) APPLICANT RESPONDENT DATE OF HEARING 02.08.2019 DATE OF PRONOUNCEMENT 06.09.2019 FOR THE APPLICANT SHRI ROBIN CHOUDHURY, ADDL. CIT FOR THE RESPONDENT SHRI V. K. JAIN, FCA ORDER REVENUE HAS PREFERRED THIS MISC. APPLICATION AGAINS T THE ORDER OF THIS TRIBUNAL IN ITA NO.1844/KOL/2018 FOR AY 2014-15 DATED 08.03.201 9. 2. THE MAIN GRIEVANCE OF THE REVENUE IS THAT A M ISTAKE HAS CREPT INTO THE ORDER OF THIS TRIBUNAL IN THE WORDS OF THE ITO, WARD-1(1), KOLKAT A SHRI SANJAY CHAKRABORTY IS THAT NOW THE ITAT, SMC BENCHES, KOLKATA HAS PASSED AN OR DER VIDE ITAT NO.1855/KOL/2018 DATED 08.03.2019 WHEREIN THE APPEAL OF THE ASSESSEE HAS BEEN CONFIRMED IN RESPECT OF POINT 1, 2, 3 AS MENTIONED ABOVE. HOWEVER IN ITS ORDER, THE HONBLE ITAT WHILE COMMENTING ON THE POINT NO. 3, I.E. ADDITION OF RS.89,610/- ON A CCOUNT OF UNEXPLAINED EXPENDITUREHAS ERRONEOUSLY MENTIONED THE AMOUNT OF ADDITION AS RS. 1,83,020/- INSTEAD OF RS.89,610/- AS REFLECTED IN THE ASSESSMENT ORDER. THIS NEEDS TO B E CORRECTED AND THE UNDERSIGNED IS OF THE OPINION THAT A MISCELLANEOUS APPLICATION SHOULD BE FILED BEFORE THE ITAT REQUESTING TO RECTIFY THE DISCREPANCY AS MENTIONED ABOVE. THE LD. AR POINTED OUT THAT THERE IS NO SUCH MISTAKE AS POINTED OUT BY THE REVENUE AND THIS FIGU RE OF RS.1,83,020/- IS THE FIGURE WHICH IS EMANATING FROM THE REPRODUCTION OF AN ORDER OF THIS TRIBUNAL IN THE CASE OF SANJIV SHROFF VS. ACIT IN ITA NO. 1197/KOL/2018 DATED 02.01.2019 WHICH IS REPRODUCED IN PARA 18 OF 2 MA NO. 154/KOL/2019 ALLIANCE VINTRADE PVT. LTD., AY - 2014-15 THE IMPUGNED ORDER (PAGES 9 TO 19 PARA 18 TO 33) RE PRODUCED AS PART OF THAT ORDER IN SANJIV SHROFF (SUPRA) AND IT HAS NOTHING TO DO WITH THE IM PUGNED ORDER AND SINCE SIMILAR FACTS AND LAW WAS INVOLVED IN THAT CASE THE RATIO OF THAT CAS E WAS RELIED ON BY THIS TRIBUNAL WHILE PASSING THE IMPUGNED ORDER. THEREFORE, THE FIGURE O F RS.1,83,020/- HAS NOT BEEN ERRONEOUSLY STATED IN THE IMPUGNED ORDER. THE LD. DR COULD NOT CONTROVERT THIS FACT AND, THEREFORE, I AM INCLINED TO DISMISS THE MISC. APPL ICATION PREFERRED BY THE DEPARTMENT. 3. IN THE RESULT, MISC. APPLICATION OF REVENUE IS D ISMISSED.. ORDER IS PRONOUNCED IN THE OPEN COURT ON 6TH SEPTEM BER, 2019. SD/- (ABY. T. VARKEY) JUDICIAL MEMBER DATED : 6TH SEPTEMBER, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ITO, WARD-1(4), KOLKATA. 2 RESPONDENT M/S. ALLIANCE VINTRADE PVT. LTD., C/ O RSVPC & COMPANY, 41A, A.J.C. BOSE ROAD, SUITE NO. 613, 6 TH FLOOR, KOLKATA-700 017. 3. 4. CIT(A)-1, KOLKATA (SENT THROUGH E-MAIL) CIT- , KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR