ITO (IT), Ward - Kolkata , Kolkata V. M/s. Bata India Limited , Kolkata

MA 224/KOL/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5298 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-07-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 06-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

1 MA NO. 224/KOL/2018 BATA INDIA LTD., AY - 2003-04 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) . . , . . ! , ' #$ ) [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT & SHRI A. T. VARKEY, JM] MA NO. 224/KOL/2018 IN I.T.A. NO. 914/KOL/2017 ASSESSMENT YEAR: 2003-04 INCOME-TAX OFFICER(IT), WARD-KOLKATA. VS. M/S. BATA INDIA LTD. (PAN: AABCB1043Q) APPLICANT RESPONDENT DATE OF HEARING 12.07.2019 DATE OF PRONOUNCEMENT 12.07.2019 FOR THE APPLICANT SHRI ROBIN CHOUDHURY, ADDL. CIT, DR FOR THE RESPONDENT SHRI S. JHAJHARIA, FCA ORDER PER SHRI A.T.VARKEY, JM THIS MISC. APPLICATION HAS BEEN FILED BY THE REVENU E AGAINST THE ORDER OF TRIBUNAL DATED 30.07.2018 PASSED IN ITA NO. 914/KOL/2017 FO R AY 2003-04 BEING LOW TAX EFFECT APPEAL. 2. AT THE OUTSET ITSELF, THE LD. DR SUBMITTED TH AT VIDE ORDER DATED 30.07.2018, THE TRIBUNAL DISMISSED THE APPEAL OF THE REVENUE IN ITA NO. 914/KOL/2017 FOR AY 2003-04 IN TERMS OF LOW TAX EFFECT. ACCORDING TO LD. DR, THE INSTANT CASE FALLS UNDER THE EXCEPTION OF AUDIT OBJECTION IN TERMS OF PARA 10 OF THE CIRCULAR NO. 3 OF 2018 ISSUED BY THE CBDT DATED 11.07.2018. IN SUPPORT OF ITS CLAIM, THE LD. DR HAS PROVIDED THE COPY OF THE AUDIT OBJECTION WHICH IS PLACED ON RECORD. SO, HE URGED BEFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 30.07.2018 BEING DISMISSED AS LOW TAX EFF ECT. 2 MA NO. 224/KOL/2018 BATA INDIA LTD., AY - 2003-04 3. FROM THE ABOVE, WE FIND THAT THE INSTANT CASE FA LLS UNDER THE EXCEPTION AS PROVIDED IN PARA 10 OF THE CIRCULAR NO. 3 OF 2018 ISSUED BY THE CBDT DATED 11.07.2018. THEREFORE, THE MONETARY LIMIT AS SPECIFIED FOR FILING THE APPE AL BY THE REVENUE IN PRESENT CASE DOES NOT APPLY. HENCE, WE RECALL THE IMPUGNED ORDER PASSED BY THIS TRIBUNAL DATED 30.07.2018 AND THE REGISTRY IS DIRECTED TO FIX THE APPEAL OUT OF T URN ON 19.08.2017. NO NOTICE IS REQUIRED TO BE SENT TO EITHER OF THE PARTIES AS THE DATE OF HEA RING IS PRONOUNCED IN THE OPEN COURT. 4. IN THE RESULT, MISC. APPLICATION OF REVENUE IS A LLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (ABY. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATED : 12 TH JULY, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ITO (IT), WARD-KOLKATA. 2 RESPONDENT M/S. BATA INDIA LTD., 6A, S. N. BANE RJEE ROAD, KOLKATA- 700013. 3. 4. CIT(A)-22, KOLKATA (SENT THROUGH E-MAIL) CIT- , KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR