DCIT, CC-VI, KOLKATA, Kolkata V. M/s SRMB Srijan Ltd., Kolkata

MA 17/KOL/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2110 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-07-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 30-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DAVID Z CHAWNGTHU
• Assessee Lawyers: A K TIBREWEAL
• Keywords: Rectification of order

Judgement Text

1 M.A. NO. 17/KOL/2014 ASSESSMENT YEAR : 2007-2008 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER M.A. NO. 17/KOL/2014 (ARISING OUT OF I.T.A. NO. 1180/KOL/2010) ASSESSMENT YEAR : 2007-2008 DEPUTY COMMISSIONER OF INCOME TAX,................. .............PETITIONER CENTRAL CIRCLE-VI, KOLKATA, KOLKATA-700 016 -VS.- M/S. SRMB SRIJAN LTD.,............................. ............................RESPONDENT (ERSTWHILE SRMB UDYOG LIMITED) 7, KHETRA DAS LANE, KOLKATA-700 012 [PAN : AABCT 0963 F] APPEARANCES BY: SHRI DAVID Z. CHAWNGTHU, ADDL. CIT, SR. D.R., FOR THE DEPARTMENT SHRI A.K. TIBREWEAL, A.R., FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JULY 04, 2014 DATE OF PRONOUNCING THE ORDER : JULY 04, 2014 O R D E R PER SHRI MAHAVIR SINGH, JUDICIAL MEMBER : BY WAY OF THIS MISCELLANEOUS APPLICATION, REVENUE HAS REQUESTED FOR RECTIFICATION OF TRIBUNALS ORDER IN ITA NO. 11 80/KOL/2010 DATED 04.11.2010, WHEREIN ASSESSEES NAME HAS BEEN MISTAK ENLY RECORDED AS SRMB UDYOG LTD. INSTEAD OF SRMB SRIJAN LTD. 2. LD. SR. D.R. FOR THE REVENUE CONTENDED THAT THE ASSESSEE-COMPANY NAMELY M/S. SRMB UDYOG LTD. WAS AMALGAMATED IN SRMB SRIJAN LTD. W.E.F. 1 ST APRIL, 2007 BY THE ORDER OF HONBLE CALCUTTA HIGH COURT AND AN AFFIDAVIT IN THIS REGARD HAS BEEN FILED BY THE DIRE CTOR OF THE TRANSFEREE COMPANY, WHICH HAS BEEN PLACED ON RECORD BEFORE US. 3. WE FIND THAT THE HONBLE CALCUTTA HIGH COURT (CI VIL APPELLATE JURISDICTION, ORIGINAL SIDE) IN ITAT NO. 241 OF 201 1 (G.A. NO. 2558/2011 & GA NO. 2559/2011) IN THE CASE OF COMMISSIONER OF INCOME TAX, CENTRAL- 2 M.A. NO. 17/KOL/2014 ASSESSMENT YEAR : 2007-2008 1, KOLKATA VS. M/S. SRMB UDYOG LTD. DATED 08.11.20 11 HAS GRANTED LIBERTY TO THE DEPARTMENT TO TAKE STEPS IN ACCORDAN CE WITH LAW SO THAT BOTH THE ORDERS PASSED BY THE CIT(APPEALS) AND THE ORDER OF THE TRIBUNAL CAN LAWFULLY DEALT WITH BY SUBSEQUENT PROCEEDINGS. WE FIND THAT THE LOWER AUTHORITIES, I.E. THE ASSESSING OFFICER AS WELL AS THE ORDER OF LD. CIT(APPEALS), BOTH HAVE RECTIFIED THE ORDERS VIDE T HEIR RECTIFICATION ORDERS DATED 24.03.2014 AND 27.03.2014 RESPECTIVELY . NOW IN THE CAUSE TITLE IN ITA NO. 1180/KOL/2010 IS RECTIFIED AND THE CORRECT CAUSE TITLE MAY BE READ AS UNDER:- DEPUTY COMMISSIONER OF INCOME TAX -VS.- M/S. S.R.M.B. SRIJAN LTD. CENTRAL CIRCLE-VI, KOLKATA [PA NO. AABCT 0963 F] (APPELLANT) (RESPONDENT) 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH DAY OF JULY, 2014. SD/- SD/- SHAMIM YAHYA MAHAVIR SINGH (ACCOUNTANT MEMBER) (JUDICIAL M EMBER) KOLKATA, THE 04 TH DAY OF JULY, 2014 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-VI, KOLKATA, KOLKATA-700 016 (2) M/S. SRMB SRIJAN LTD. (ERSTWHILE SRMB UDYOG LIMITED) 7, KHETRA DAS LANE, KOLKATA-700 012 (3) CIT (4) CIT(A) (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.