DCIT, CENTRAL CIRCLE - 1(1), KOLKATA, Kolkata V. M/s Dowell Finance Ltd., Kolkata

MA 182/KOL/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6102 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-01-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 21-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C, BENCH KOLKATA BEFORE SHRI A. T. VARKEY, JM & DR. A.L.SAINI, AM M.A NO.180 TO 182/KOL/2017 (ARISING OUT OF IT(SS)A NO.86 TO 88/KOL/2015) ( / ASSESSMENT YEAR: 2006-07, 2008-09 & 2010-11 RESP.) DCIT, CENTRAL CIRCLE - 1(1), KOLKATA AAYAKAR BHAWAN POORVA, 110, SHANTIPALLY, 3 RD FLOOR, E.M. BYPASS, KOLKATA 700 107. VS. M/S DOWELL FINANCE LTD. 2C & 2D, GREEN ACRES, 2 NAZAR ALI LANE, BECK BAGAN, KOLKATA 19. ./ ./PAN/GIR NO. : AAACD 8833 D (DEPARTMENT/REVENUE) .. (ASSESSEE) & M.A NO.187 TO 189/KOL/2017 (ARISING OUT OF IT(SS)A NO.86 TO 88/KOL/2015) ( / ASSESSMENT YEAR: 2006-07, 2008-09 & 2010-11 RESP.) M/S DOWELL FINANCE LTD. 2C & 2D, GREEN ACRES, 2 NAZAR ALI LANE, BECK BAGAN, KOLKATA 19. DCIT, CENTRAL CIRCLE - 1(1), KOLKATA AAYAKAR BHAWAN POORVA, 110, SHANTIPALLY, 3 RD FLOOR, E.M. BYPASS, KOLKATA 700 107. ./ ./PAN/GIR NO. : AAACD 8833 D (ASSESSEE) .. (DEPARTMENT/REVENUE) ASSESSEE BY : NONE. DEPARTMENT/REVENUE BY : SHRI ARINDAM BHATTACHARJEE, ADDL. CIT / DATE OF HEARING : 05/01/2018 /DATE OF PRONOUNCEMENT : 12/01/2018 / O R D E R PER DR. ARJUN LAL SAINI, AM: THESE CAPTIONED THREE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE AND THREE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE PERTAINING TO A.Y 2006-07, 2008-09 & 2010-11 ARE DIRECTED AGAINST THE TRIBUNAL ORDER DATED 14.07.2017 IN ITA NO.86, 87 & 88/KOL/2015. BY WAY OF THESE MISCELLANEOUS APPLICATIONS , THE ASSESSEE AS WELL AS REVENUE HAVE SOUGHT TO POINT OUT THAT A MISTAKE APPARENT FROM RECORD WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) HAS CREPT IN THE ORDER OF THE TRIBUNAL DATED 14.07.2017. M/S DOWELL FINANCE LTD. M.A NO.180 TO 182/KOL/2017 & M.A NO.187 TO 189/KOL/2017 PAGE | 2 THE CASE OF THE ASSESSEE AND THE REVENUE IN THESE MISCELLANEOUS APPLICATIONS ARE THAT PARA NO.11 OF THE ORDER OF THE TRIBUNAL MISTAKENLY WRITTEN AS 11. IN THE RESULT, THE APPEAL FILED BY THE REVENUE, FOR A.Y 2006-07, 2008-09 AND 2010-11, ARE ALLOWED . WE ARE OF THE VIEW THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THERE IS A MISTAKE APPARENT FROM THE RECORD OF THE TRIBUNAL. WE ALSO AGREE THAT IT WOULD BE IN THE INTEREST OF JUSTICE THAT THE ORDER OF THE TRIBUNAL DATED 14.07.2017 SHOULD BE RECTIFIED. SINCE, IN PARA NO.11 OF THE ORDER, THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE REVENUE, THEREFORE, INSTEAD OF THE WORD ALLOWED, THE WORD DISMISSED IS SUBSTITUTED; THEREFORE, PARA NO.11 OF THE IMPUGNED ORDER SHOULD BE READ AS FOLLOWS: 11. IN THE RESULT, THE APPEAL FILED BY THE REVENUE, FOR A.Y 2006-07, 2008-09 AND 2010-11, ARE DISMISSED. IN THE RESULT, ALL THE MISCELLANEOUS APPLICATIONS FILED BY BOTH (ASSESSEE AS WELL AS REVENUE) ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 12/01/2018. SD/- (A. T. VARKEY) SD/- (DR. A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA; DATED 12/01/2018 RS[SPS] / COPY OF THE ORDER FORWARDED TO : //TRUE COPY// BY ORDER SENIOR PRIVATE SECRETARY, HEAD OF OFFICE/D.D.O, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. / THE ASSESSEE M/S DOWELL FINANCE LTD. 2. / THE REVENUE/DEPARTMENT- DCIT, CENTRAL CIRCLE-1(1), KOLKATA 3. ( ) / THE CIT(A), :KOLKATA. 4. / CIT 5. , , / DR, ITAT, KOLKATA 6. / GUARD FILE.