ITO, Ward - 50(2), KOLKATA, Kolkata V. Sribash Manna, Kolkata

MA 175/KOL/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6296 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-03-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 19-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SOUMYAJIT DASGUPTA
• Assessee Lawyers: JITENDRA KAUSHIK
• Keywords: Tax effect

Judgement Text

1 M.A. NO. 175/KOL/2017 (ARISING OUT OF ITA NO. 1779/KOL/2014) ASSESSMENT YEAR: 2010-2011 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI A.T. VARKEY, JUDICIAL MEMBER M.A. NO. 175/KOL./2017 (IN I.T.A. NO. 1779/KOL./2014) ASSESSMENT YEAR: 2010-2011 INCOME TAX OFFICER,................................ ......................APPLICANT WARD-50(2), KOLKATA, UTTARAPAN MARKET COMPLEX, MANICKTALA CIVIC CENTRE, ULTADANGA, KOLKATA-700 054 -VS.- SRIBASH MANNA,..................................... ........................RESPONDENT SARAT PALLY, P.O. RAJARHAT, GOPALPUR, KOLKATA-700 136 [PAN: AFAPM 5467 Q] APPEARANCES BY: SHRI SOUMYAJIT DASGUPTA, ADDL. CIT, D.R., FOR THE D EPARTMENT SHRI JITENDRA KAUSHIK, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : MARCH 23, 2018 DATE OF PRONOUNCING THE ORDER : MARCH 23, 2018 O R D E R PER SHRI P.M. JAGTAP, ACCOUNTANT MEMBER : BY THIS MISCELLANEOUS APPLICATION, THE REVENUE IS S EEKING RE-CALL OF THE TRIBUNALS ORDER DATED MAY 16, 2017 PASSED IN I .T.A. NO. 1779/KOL/2014 ON THE GROUND THAT THE TAX EFFECT INV OLVED IN THE SAID APPEAL IS MORE THAN RS.10 LAKHS AND THERE IS A MIST AKE IN THE ORDER OF THE TRIBUNAL IN DISMISSING THE APPEAL OF THE REVENUE ON ACCOUNT OF LOW TAX EFFECT BY TREATING THE SAME AS NOT MAINTAINABLE REL YING ON THE RELEVANT CBDT CIRCULAR. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS POINTED O UT BY THE REVENUE IN THE PRESENT MISCELLANEOUS APPLICATION, THE TAX EFFE CT INVOLVED IN THE APPEAL OF THE REVENUE BEING ITA NO. 1179/KOL/2014 I S RS.11.23 LAKHS AND THIS POSITION IS NOT DISPUTED BY THE LD. COUNSE L FOR THE ASSESSEE. IT IS 2 M.A. NO. 175/KOL/2017 (ARISING OUT OF ITA NO. 1779/KOL/2014) ASSESSMENT YEAR: 2010-2011 THUS CLEAR THAT THERE IS A MISTAKE IN THE ORDER OF THE TRIBUNAL DATED MAY 16, 2017 (SUPRA) IN DISMISSING THE SAID APPEAL OF T HE REVENUE BY TREATING THE SAME AS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT BY RELYING ON THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015. WE ACCORDINGLY RECTIFY THE SAID MISTAKE BY RECALLING THE ORDER OF THE TRIBUNAL DATED MAY 16, 2017 AND RESTORE THE APPEAL OF THE REVENUE TO I TS ORIGINAL NUMBER. THE REGISTRY IS DIRECTED TO POST THE SAME FOR HEARI NG AFRESH BEFORE THE REGULAR BENCH ON 26 TH APRIL, 2018 AS ANNOUNCED IN THE OPEN COURT AND TAKEN NOTE OF BY THE LD. REPRESENTATIVES OF BOTH TH E SIDES. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD DAY OF MARCH, 2018. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 23 RD DAY OF MARCH, 2018 COPIES TO : (1) INCOME TAX OFFICER, WARD-50(2), KOLKATA, UTTARAPAN MARKET COMPLEX, MANICKTALA CIVIC CENTRE, ULTADANGA, KOLKATA-700 054 2) SRIBASH MANNA, SARAT PALLY, P.O. RAJARHAT, GOPALPUR, KOLKATA-700 136 (3) CIT(APPEALS)-XXXII, KOLKATA (4) CIT- , KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE TRUE COPY BY ORDER ETC SENIOR PRIVATE SECRETARY, HEAD OF OFFICE/DDO, INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.