ITO, Ward - 4(1), Kolkata , Kolkata V. Tradelink Securities Ltd., Kolkata

MA 162/KOL/2018

• Counselvise Citation: [2018] 111 COUNSELVISE.COM (IT) 1030 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-12-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2003-2004
• Appeal Filed On: 30-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

1 MA. NO. 162/KOL/2018 M/S. TRADELINK SECURITIES LTD IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH , KOLKATA [BEFORE SHRI A.T. VARKEY , J M & DR. SHRI A.L.SAINI,AM ] M .A NO . 162 /KOL/2018 ( A/O ITA NO. 913/KOL/2015 A.Y 2003 - 04 ) I.T.O. WARD 4(1), KOLKATA VS. M/S. TRADELINK SECURITIES LTD PAN:AAACT9210G APP LI CANT RESPONDENT DATE OF HEARING 07 - 12 - 2018 DATE OF PRONOUNCEMENT 07 - 12 - 2018 FOR THE APP LICANT/REVENUE SHRI CHRISTOPHER JENOME SINGH, LD.SR. DR FOR THE RESPONDENT NONE ORDER PER DR. A.L.SAINI, A.M .: BY WAY OF THE CAPTIONED AP PLICATION , THE REVENUE HAS SOUGHT TO POINT OUT THAT A MISTAKE APPARENT ON RECORD WITHIN THE MEANING OF SECTION 254(2) OF THE ACT ( IN SHORT ACT) HAS BEEN CREPT IN THE ORDER OF THE TRIBUNAL DATED 08 - 09 - 2017 . 2. THE CASE OF THE REVENUE IN THIS MISC. APPLICATION IS THAT THE TRIBUNAL ORDER DT. 08 - 09 - 2017 VIDE PARA NO.5 CONT AINS A TYPOGRAPHICAL ERROR, WHICH NEEDS TO BE RECTIFIED BY THE BENCH. PARA 5 OF TRIBUNAL ORDER DT. 08 - 09 - 2017 READS AS UNDER: - 5. THE ID. DR FOR THE REVENUE HAS SUBMITTED BEFORE US T HAT THE OUTSET NOTICE ISSUED BY THE ASSESSING OFFICER U/S 271 (1)(C) IS DEFECTIVE. THE SAID NOTICE DOES NOT SPEAK ANY SPECIFIC CHARGE FOR WHICH THE PENALTY ON THE ASSESSEE IS TO BE LEVIED. IT IS NOT CLEAR AS TO WHETHER THE ASSESSEE IS BEING PENALIZED FOR C ONCEALMENT OF INCOME OR FOR THE FURNISHING OF INACCURATE PARTICULARS OF INCOME. THE AO DID NOT STRIKE OFF THE IRRELEVANT PORTION IN THE NOTICE, THEREFORE, IT IS NOT CLEAR FOR WHICH PARTICULAR DEFAULT THE ASSESSEE IS BEING PENALIZED. 3. NONE PRESENT ON BEHALF OF THE ASSESSE INSPITE OF ISSUANCE OF NOTICE. HENCE, WE PROCEED TO DISPOSE OF THIS M . A EX - PARTE. 4. WE HAVE HEARD THE LD.DR FOR THE REVENUE AND PERUSED THE MATERIAL ON RECORD . WE NOTE THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE , THER E IS A MISTAKE APPARENT ON THE BASIS OF 2 MA. NO. 162/KOL/2018 M/S. TRADELINK SECURITIES LTD RECORD OF THE TRIBUNAL , WHEREIN THE TRIBUNAL HAS MENTIONED WRONGLY STATING THAT THE LD. DR FOR THE REVENUE HAS SUBMITTED. INSTEAD OF LD. ARS SUBMISSION. WE NOTE THAT THIS IS THE SUBMISSION ON BEHALF OF THE AS SESSE IN PARA NO. 5 OF TRIBUNAL ORDER MENTIONED ABOVE. THEREFORE, WE RECTIFY THE APPARENT MISTAKE AS FOLLOWS: THE BEGINNING LINE OF PARA 5 OF TRIBUNAL ORDER, SHOULD BE READ AS THE LD. AR FOR THE ASSESSEE HAS SUBMITTED BEFORE US 5 . IN THE RESUL T, THE MISC. APPLICATION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 - 12 - 2018 SD/ - SD/ - A.T. VARKEY DR. A.L.SAINI JUDICIAL MEMBER ACCOUNTANT MEMBER DATED 07 - 12 - 2018 PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APP LICANT / REVENUE: I.T.O, WARD 4(1), KOLKATA 2 RESPONDENT/ ASSESSEE: M/S. TRADELINK SECURITIES LTD 23A NETAJI SUBHAS ROAD, 1 ST FLOOR, KOLKATA - 700 001. 3. CIT, 4. CIT(A), KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE COPY BY BY ORDER ASSISTANT REGISTRAR ITAT KOLKATA