Advance Powerinfra Tech Ltd, Kolkata V. D.C.I.T., Circle - 8, Kolkata , Kolkata

MA 211/KOL/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6607 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 23-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARYA
• Assessee Lawyers: K M ROY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, A CCOUNTANT M EMBER & SRI S.S. VISWANETHRA RAVI , JUDICIAL MEMBER ] M.A. NO. 211 /KOL/201 7 A/O I.T.A. NO. 605 /KOL/201 5 ASSESSMENT YEAR: 2007 - 08 ADVANCE POWERINFRA TECH LTD. ......APPELLANT FORMERLY AND ORIGINALLY AS A P ELECTRICALS P. LTD THEN AP ELECTRICALS LTD. 4, CHANDNI CHOWK STREET KOLKATA 700 073 [PAN: AACCA 6066 D] DY. COMMISSIONER OF INCOME TAX CIRCLE - 8. ......RESPONDENT AAYKAR BHAWAN P - 7 CHOWRINGHEE SQUARE 3 RD FLOOR KOLKATA 700 069 APPEARANCES BY: SHRI K.M. ROY , A.R. , APPEARED ON BEHALF OF THE ASSESSEE. SHRI ARINDAM BHATTACHARYA , ADDL. CIT, SR. DR, APPEARING ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : APRIL 1 3 TH , 201 8 DATE OF PRONOUNCING THE ORDER : MAY 4 TH , 201 8 O R D E R PER J. SUDHAKAR REDDY : - BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL. THE MISCELLANEOUS APPLICATION OF THE ASSESSEE READS AS FOLLOWS: - IN PARA 9.1. OF THE ORDER, IT HAS BEEN MENTIONED THAT A PERUSAL OF FINANCIAL STATEMENTS DO NOT JUSTIFY THE QUANTUM OF SHARE PREMIUM CHARGED. HOWEVER, NO SUCH FINANCIAL STATEMENT WAS FILED BEFORE THE BENCH. ACCORDINGLY, THE CONCLUSION WAS MISPLACED AND MAY BE RECTIFIED. THE UNDERSIGNED HUMBLY PRAYS BEFORE YOU TO ACCEPT THE RECTIFICATION PETITION AND OBLIGE. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE FINANCIAL STATEMENTS WERE IN FACT FILED BY THE ASSESSEE ALONG WITH THE TAX AUDIT REPORT BEFORE THE BENCH. THESE WERE NUMBERED PARAGRAPHS 43 TO 76. HENCE, THE ALLEGATION MADE IN THIS MISCELLANEOUS APPLICATIO N IS FACTUALLY INCORRECT. THUS, THIS MISCELLANEOUS APPLICATION IS DISMISSED AS DEVOID OF MERIT. 2 M.A. NO. 211/KOL/2017 A/O I.T.A. NO. 605/KOL/2015 ASSESSMENT YEAR: 2007 - 08 ADVANCE POWERINFRA TECH LTD 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISMISSED. KOLKATA, THE 4 T H DAY OF MA Y , 201 8 . S D / - S D / - [ S.S. VISWANETHRA RAVI ] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 0 4 . 0 5 .201 8 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1 . ADVANCE POWERINFRA TECH LTD FORMERLY AND ORIGINALLY AS A P ELECTRICALS P. LTD THEN AP ELECTRICALS LTD. 4, CHANDNI CHOWK STREET KOLKATA 700 073 2. DY. COMMISSIONER OF INCOME TAX CIRCLE - 8 AAYKAR BHAWAN P - 7 CHOWRINGHEE SQUARE 3 RD FLOOR KOLKATA 700 069 3. CIT( A) - 4. CIT - , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES