M/s. Weedo Ventures Pvt. Ltd. (Earlier Known as M/s. Equal Projects Pvt. Ltd.), Kolkata V. I.T. O., Ward, 9(2), Kolkata

MA 23/KOL/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2147 (ITAT-KOLKATA)
• Duration Of Justice: 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-06-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 23-06-2021
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MIRAJ D SHAH AR SMT RA
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA (VIRTUAL COURT) [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI ABY T. VARKEY, JUDICIAL MEMBER] M.A. NO. 23/KOL/2021 ARISING OUT OF ITA NO. 2129/KOL/2019 ASSESSMENT YEAR: 2011-12 M/S. WEEDO VENTURES PVT. LTD.........................................................................................APPELLANT (EARLIER KNOWN AS M/S. EQUAL PROJECTS PVT. LTD.) [PAN: AACCE 4580 C] VS. ITO, WARD-9(2), KOLKATA...................RESPONDENT APPEARANCES BY: SH. MIRAJ D. SHAH, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SMT. RANU BISWAS, ADL. CIT, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JUNE 25 TH , 2021 DATE OF PRONOUNCING THE ORDER : JUNE 28 TH , 2021 ORDER PER J. SUDHAKAR REDDY, AM : BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DATED 16.04.2021 IN ITA NO. 2129/KOL/2019 FOR AY 2011-12. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT A TYPOGRAPHICAL ERROR HAS TAKEN PLACE IN THIS ORDER OF THE TRIBUNAL. IN ITA NO. 2129/KOL/2019, THE ASSESSMENT YEAR WAS WRONGLY TYPED AS 2012-13. THE CORRECT ASSESSMENT YEAR IS 2011-12. 3. THUS, WHEREVER THE YEAR HAS BEEN RECORDED AS 2012-13, THE SAME IS RECTIFIED AS ASSESSMENT YEAR 2011-12. 4. THE ORDER SHALL READ AS FOLLOWS: THE TITLE AND THE HEADER WILL BE READ AS FOLLOWS: ITA NO. 2129/KOL/2019 ASSESSMENT YEAR: 2011-12 4.1. THE FIRST PARAGRAPH WILL BE READ AS FOLLOWS: 2 M.A. NO. 23/KOL/2021 ARISING OUT OF ITA NO. 2129/KOL/2019 ASSESSMENT YEAR: 2011-12 M/S. WEEDO VENTURES PVT. LTD (EARLIER KNOWN AS M/S. EQUAL PROJECTS PVT. LTD.) BOTH THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 3, (HEREINAFTER THE LD. CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 29/07/2019, FOR THE ASSESSMENT YEAR 2011-12 . AS THE ISSUES ARISING IN BOTH THESE APPEALS ARE COMMON, FOR THE SAKE OF CONVENIENCE, THEY ARE HEARD TOGETHER AND DISPOSED OFF BY WAY OF THIS COMMON ORDER. 4.2. PARAGRAPH NOS. 15 & 16 WILL BE READ AS FOLLOWS: 15. IN THE RESULT, APPEAL OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2011-12 IS ALLOWED. 16. AS THE FACTS OF THE CASE FOR THE ASSESSMENT YEAR 2011-12, ARE IDENTICAL, BOTH PARTIES SUBMITTED THAT THE ARGUMENTS FOR ASSESSMENT YEAR 2011-12 , HAS TO BE ADOPTED FOR ASSESSMENT YEAR 2011-12. THUS, WE FOLLOW OUR ORDER FOR THE ASSESSMENT YEAR 2011-12 AND QUASH THE ASSESSMENT FOR THE ASSESSMENT YEAR 2011-12, FOR THE SAME REASON. 5. IN THE SECOND GROUND, THE ASSESSEE HAS SUBMITTED THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL, AS THE ISSUES WERE ARGUED ON MERITS BY BOTH THE LD. COUNSEL FOR THE ASSESSEE AS WELL AS THE LD. CIT(D/R) AND ALL THE MATERIAL WAS ON RECORD AND THE TRIBUNAL HAS NOT DISPOSED OFF THESE GROUNDS ON MERITS. 5.1. WE DISMISS THIS CONTENTION FOR THE REASON. THE TRIBUNAL HAS QUASHED THE ASSESSMENT ON JURISDICTIONAL GROUNDS. THE APPEAL WAS ALLOWED. HENCE IT DID NOT ADJUDICATE THE ISSUES ON MERITS AS IT WOULD BE AN ACADEMIC EXERCISE. HENCE, THERE IS NO MISTAKE APPARENT ON RECORD ON THIS COUNT. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION NO. 23/KOL/2021 IS PARTLY ALLOWED. KOLKATA, THE 28 TH JUNE, 2021. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28.06.2021 BIDHAN 3 M.A. NO. 23/KOL/2021 ARISING OUT OF ITA NO. 2129/KOL/2019 ASSESSMENT YEAR: 2011-12 M/S. WEEDO VENTURES PVT. LTD (EARLIER KNOWN AS M/S. EQUAL PROJECTS PVT. LTD.) COPY OF THE ORDER FORWARDED TO: 1. M/S. WEEDO VENTURES PVT. LTD., (EARLIER KNOWN AS M/S. EQUAL PROJECTS PVT. LTD.), PROPERTY NO. 11, BLOCK-A, MAHARARANA PRATAP ENCLAVE, PITAMPURA, DELHI-110 034. 2. ITO, WARD-9(2), KOLKATA. 3. CIT(A)-3, KOLKATA. (SENT THROUGH E-MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER SR. PS / DDO ITAT, KOLKATA BENCHES