I.T.O Wd - 8(2),kolkata., Kolkata V. M/s Diligent Investment Pvt Ltd, Kolkata

MA 19/KOL/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0020 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 28-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3); 250

Judgement Text

1 MA NO.19/KOL/2019 M/S. DILIGENT I NVESTMENT LTD., AY- 2005-06 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] M.A. NO.19/KOL/2019 IN I.T.A. NO. 1402/KOL/2013 ASSESSMENT YEAR: 2005-06 INCOME-TAX OFFICER, WD-8(2), KOLKATA VS. M/S. DILIG ENT INVESTMENT LTD. (PAN: AAACD3772E) APPLICANT RESPONDENT DATE OF HEARING 15.03.2019 DATE OF PRONOUNCEMENT 15.03.2019 FOR THE APPLICANT SHRI ROBIN CHOUDHURY, ADDL. CIT, SR. DR FOR THE RESPONDENT N O N E ORDER PER SHRI A.T.VARKEY, JM THIS MISC. APPLICATION HAS BEEN FILED BY THE REVENU E AGAINST THE ORDER PASSED BY THE TRIBUNAL DATED 31.07.2018 IN ITA NO. 1402/KOL/2013 FOR AY 2005-06. 2. AT THE OUTSET ITSELF, THE LD. DR SUBMITTED TH AT VIDE ORDER DATED 31.07.2018, THE TRIBUNAL DISMISSED THE APPEAL OF THE REVENUE IN ITA NO. 1402/KOL/2013 FOR AY 2005-06 IN TERMS OF LOW TAX EFFECT. ACCORDING TO LD. DR, WHIL E GOING THROUGH THE RECORDS IT REVEALED THAT THE TAX DETERMINED IN ORDER U/S. 143(3) DATED 31.12.2007 AT RS.24,52,810/-, TAX DETERMINED IN THE EFFECT OF THE ORDER U/S. 250 DATE D 02.05.2013 AT RS.37,703/- AND THE TAX EFFECT OF THE ORDER U/S. 250 OF THE ACT ACCORDING T O APPEAL ORDER PASSED BY THE LD. CIT(A) DATED 26.02.2013 AT RS.24,15,107/-. SO, ACCORDING TO HIM, IN THIS CASE THE TAX EFFECT IS MUCH MORE ABOVE THE REVISED MONETARY LIMIT PRESCRIB ED FOR FILING APPEAL BEFORE THE ITAT 2 MA NO.19/KOL/2019 M/S. DILIGENT I NVESTMENT LTD., AY- 2005-06 AS PER PARA 3 OF CIRCULAR NO. 3/2018. SO, HE URGED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 31.07.2018 BEING DISMISSED AS LOW T AX EFFECT. WE FIND FORCE IN THE SUBMISSION OF THE LD. DR AND ALSO NOTED FROM THE IM PUGNED ORDER OF LD. CIT(A) THAT IN THIS CASE THE TAX EFFECT IS ABOVE RS.20,00,000/-. THEREFORE, IN THIS VIEW OF THE MATTER, WE RECALL OUR ORDER PASSED ON 31.07.2018 AND THE REGIS TRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE UPON ISSUING NOTICE TO BOTH THE PARTIES. 3. 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 JUDICIALMEMBER DATED : 15TH MARCH, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ITO, WARD-8(2), KOLKATA 2 RESPONDENT M/S. DILIGENT INVESTMENT LTD., 32, C HOWRINGHEE ROAD, KOLKATA-700 071. 3. 4. CIT(A)-VIII, KOLKATA. (SENT THROUGH E-MAIL) CIT- , KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, SR. PVT. SECRETARY