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

MA 198/KOL/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6107 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 26-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARYA
• Assessee Lawyers: P R VOTHARI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D, BENCH KOLKATA BEFORE SHRI A. T. VARKEY, JM & DR. A.L.SAINI, AM M.A NO.197 & 198/KOL/2017 (ARISING OUT OF ITA NO.914 & 915/KOL/2015) (ASSESSMENT YEAR: 2004-05 & 2005-06) TRADELINK SECURITIES LTD., KOLKATA 23A, NETAJI SUBHAS ROAD, 1 ST FLOOR, KOLKATA 1. VS. ITO, WD - 4(1), KOLKATA AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA 69. ./ ./PAN/GIR NO. : AAACT 9210 G (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI P. R. VOTHARI, FCA RESPONDENT BY : SHRI ARINDAM BHATTACHARYA, ADDL. CIT / DATE OF HEARING : 22/12/2017 /DATE OF PRONOUNCEMENT : 12/01/2018 / O R D E R PER DR. ARJUN LAL SAINI, AM: BY WAY OF THIS CAPTIONED APPLICATION, THE ASSESSEE HAS 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 08.09.2017. THE CASE OF THE ASSESSEE IN THESE MISCELLANEOUS APPLICATIONS IS THAT ON THE DATE OF HEARING DATED 07.09.2017 NEITHER ASSESSEE NOR THE AUTHORIZED REPRESENTATIVE ATTENDED THE HEARING. THE COUNSEL FOR THE ASSESSEE HAS STATED THAT HIS COUNSEL WAS DISTURBED AT THE MATERIAL TIME DUE TO SERIOUS MEDICAL ISSUES RELATING TO HIS WIFE. THEREFORE, THE COUNSEL FOR THE ASSESSEE COULD NOT APPEAR BEFORE THE TRIBUNAL ON THE DATE OF HEARING. THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE FACTS AS STATED IN THE MISCELLANEOUS APPLICATION. WE HAVE PERUSED OUR LOG BOOK FOR THE HEARING ON TRADELINK SECURITIES LTD., KOLKATA M.A NO.197 & 198/KOL/2017 PAGE | 2 07.09.2017 AND WE FOUND THAT THE FACTS NARRATED IN THE SAID M.A ARE CORRECT. THEREFORE, WE ALLOW THIS M.A. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN USUAL COURSE. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE 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 APPELLANT TRADELINK SECURITIES LTD., KOLKATA 2. / THE RESPONDENT- ITO, WD-4(1), KOLKATA 3. ( ) / THE CIT(A), :KOLKATA. 4. / CIT 5. , , / DR, ITAT, KOLKATA 6. / GUARD FILE.