ITO, Ward - 3(3), , Kolkata V. M/s. Suvarna Commercial Pvt. Ltd., , Kolkata

MA 158/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4477 (ITAT-KOLKATA)
• Duration Of Justice: 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-08-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 24-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

1 MA NO. 158/KOL/2019 SUVARNA COMMERCIAL PVT. LTD., A Y- 2010-11 , D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] MA NO. 158/KOL/2019 IN I.T.A. NO. 2099/KOL/2018 ASSESSMENT YEAR: 2010-11 INCOME-TAX OFFICER, WD-3(3), KOLKATA VS. M/S. SUVA RNA COMMERCIAL PVT. LTD. (PAN: AAECS0442B) APPLICANT RESPONDENT DATE OF HEARING 23.08.2019 DATE OF PRONOUNCEMENT 23.08.2019 FOR THE APPLICANT SMT. MADHU MALATI GHOSH, ADDL. CI T FOR THE RESPONDENT MS. RADHIKA AGARWAL, CA ORDER PER SHRI A.T.VARKEY, JM THIS MISC. APPLICATION HAS BEEN FILED BY THE REVENU E AGAINST THE ORDER OF TRIBUNAL DATED 22.04.2019 PASSED IN ITA NO. 2099/KOL/2018 F OR AY 2010-11 BEING LOW TAX EFFECT APPEAL. 2. THE TRIBUNAL PASSED ORDER IN ITA NO. 2099/KOL/20 18 ON 22.04.2019 BEING LOW TAX EFFECT. HOWEVER, THIS APPEAL FALLS UNDER THE EXCEPT ION OF PARA 10 OF THE CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018. 3. AT THE OUTSET ITSELF, THE LD. DR SUBMITTED TH AT VIDE ORDER DATED 22.04.2019, THE TRIBUNAL DISMISSED THE APPEAL OF THE REVENUE IN ITA NO. 2099/KOL/2018 FOR AY 2010-11 IN TERMS OF LOW TAX EFFECT. ACCORDING TO LD. DR, THE INSTANT CASE FALLS UNDER THE EXCEPTION OF AUDIT OBJECTION IN TERMS OF PARA 10 OF THE CIRCULAR NO. 3 OF 2018 ISSUED BY THE CBDT DATED 11.07.2018. IN SUPPORT OF ITS CLAIM, THE LD. DR HAS PROVIDED THE COPY OF THE AUDIT OBJECTION WHICH IS PLACED ON RECORD. SO, HE URGED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 22.04.2019 BEING DISMISSED AS LOW TAX EFF ECT. 2 MA NO. 158/KOL/2019 SUVARNA COMMERCIAL PVT. LTD., A Y- 2010-11 4. FROM THE ABOVE, WE FIND THAT THE INSTANT CASE FA LLS UNDER THE EXCEPTION AS PROVIDED IN PARA 10 OF THE CIRCULAR NO. 3 OF 2018 ISSUED BY THE CBDT DATED 11.07.2018. THEREFORE, THE MONETARY LIMIT AS SPECIFIED FOR FILING THE APPE AL BY THE REVENUE IN PRESENT CASE DOES NOT APPLY. HENCE, WE RECALL THE IMPUGNED ORDER PASSED BY THIS TRIBUNAL DATED 22.04.2019 AND THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE C OURSE. 5. IN THE RESULT, MISC. APPLICATION OF REVENUE IS A LLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 23RD AUGUST, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ITO, WARD-3(3), KOLKATA. 2 RESPONDENT M/S. SUVARNA COMMERCIAL PVT. LTD., 3 , DACRES LANE, KOLKATA-700 069. 3. 4. CIT(A)-17 , KOLKATA (SENT THROUGH E-MAIL) CIT- 1 , KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR