Techno Tracom Pvt. Ltd., Kolkata V. CIT-3, KOLKATA, Kolkata

MA 232/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8223 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 29-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: VIKASH SURANA
• Keywords: Principle of natural justice; Assessment record; Block assessment
• Section: 143(3); 153A; 132; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER] M.A. NO. 232/KOL/2019 ARISING OUT OF ITA NO. 1518/KOL/2015 ASSESSMENT YEAR: 2009-10 TECHNO TRACOM PVT. LTD....................................................................................................APPELLANT [PAN: AACCT 9559 J] VS. ITO, WARD-8(3), KOLKATA...RESPONDENT APPEARANCES BY: SH. VIKASH SURANA, FCA, APPEARED ON BEHALF OF THE ASSESSEE. SH. SUPRIYO PAL, JCIT, SR. DR APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 17 TH , 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 22 ND , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SUBMITS THAT THE MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DATED 01.10.2019 IN ITA NO. 1518/KOL/2015 FOR AY 2009-10. 2. THIS MISCELLANEOUS APPLICATION READS AS FOLLOWS: THE ITAT ORDER DATED 1ST OCTOBER 2019 (SERVED ON APPELLANT ON 28TH OCTOBER 2019) NEEDS RECTIFICATION ON THE FOLLOWING GROUNDS: LD ITAT AT PARA 6.1 OF THE ORDER RECORDED THE FACT THAT SUBSEQUENT TO THE 263 NOTICE DATED 01.02.2013, SEARCH ACTION U/S 132 CARRIED AGAINST THE ASSESSEE ON 18.02.2013 AND ASSESSMENT RECORDS CENTRALIZED ON 13.08.2013 AND SUBSEQUENTLY ORDER U/S 153A/143(3) FOR RELEVANT ASSESSMENT YEAR 2009-10 COMPLETED ON 23/03/2015. THE LD CIT KOLKATA-LLL HAD PROPOSED REVISION PROCEEDINGS ON ISSUE OF 'INADEQUATE ENQUIRIES W.R.T SHARE CAPITAL RAISED' BY THE ASSESSEE COMPANY. PURSUANT TO SEARCH PROCEEDINGS AND CENTRALIZATION OF RECORDS, THE ASSESSEE COMPANY WAS SUBJECTED TO DETAILED SCRUTINY FOR THE RELEVANT ASSESSMENT YEAR BY JURISDICTIONAL ASSESSING OFFICER (CENTRAL CIRCLE) WHO AFTER MAKING DETAILED ENQUIRIES AND VERIFICATION PASSED ORDER U/S 153A .THIS RELEVANT FACT WAS NOT CONSIDERED BY THE HON'BLE BENCH , HENCE THIS MISC. APPLICATION FILED, SINCE THE GROUNDS ON WHICH REVISION PROCEEDINGS PROPOSED BY CIT KOLKATA-III HAVE BEEN RE-EXAMINED IN THE BLOCK ASSESSMENT AND THUS THE MATTER HAD ATTAINED FINALITY 3. HEARD RIVAL CONTENTIONS. WE FIND THAT THE TRIBUNAL HAS RESTORED AN EX-PARTE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA U/S 263 OF THE 2 M.A. NO. 232/KOL/2019 A.O.O. ITA NO. 1518/KOL/2015 ASSESSMENT YEAR: 2009-10 TECHNO TRACOM PVT. LTD. INCOME TAX ACT, 1961 DATED 28.03.2013, ON THE GROUNDS OF VIOLATION OF PRINCIPLES OF NATURAL JUSTICE TO THE FILE OF THE LD. CIT, KOLKATA-III FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. THE PLEADING OF THE LD. COUNSEL FOR THE ASSESSEE THAT, SUCH A RESTORATION OF THE PROCEEDINGS TO THE FILE OF THE COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA WOULD NOT BE PROPER AND LEGAL, FOR THE REASON THAT THE PROCEEDINGS HAD GOT BARRED BY LIMITATION WAS REJECTED BY THE TRIBUNAL. 4. IN THIS MISCELLANEOUS APPLICATION THE ASSESSEE SUBMITS THAT ADEQUATE ENQUIRIES WITH REGARD TO RISING OF SHARE CAPITAL WERE CONDUCTED SUBSEQUENTLY BY THE ASSESSING AUTHORITIES, IN A POST SEARCH ASSESSMENT PROCEEDINGS WHICH CULMINATED INTO ASSESSMENT ORDER U/S 153A R.W.S. 143(3) OF THE ACT FOR THE VERY SAME ASSESSMENT YEAR WAS PASSED ON 23.03.2015 AND HENCE THE ORDER PASSED U/S 263 OF THE ACT BY THE COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA IS BAD IN LAW, HAS TO BE REJECTED FOR THE REASON THAT, THERE IS NO MISTAKE APPARENT ON RECORD IN THE IMPUGNED ORDER OF THE TRIBUNAL DATED 01.10.2019. WHETHER ADEQUATE ENQUIRIES WERE CONDUCTED IN THE SUBSEQUENT PROCEEDINGS U/S 153A R.W.S. 143(3) OF THE ACT OR NOT, WAS NOT A SUBJECT MATTER BEFORE US. THE COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA MAY CONSIDER THESE ARGUMENTS BEFORE PASSING THE ORDER U/S 263 DATED 28.03.2013. HENCE THIS MISCELLANEOUS APPLICATION IS REJECTED AS DEVOID OF MERIT. 5. IN THE RESULT, THIS MISCELLANEOUS APPLICATION IS DISMISSED. KOLKATA, THE 22 ND JANUARY, 2020. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22.01.2020 BIDHAN 3 M.A. NO. 232/KOL/2019 A.O.O. ITA NO. 1518/KOL/2015 ASSESSMENT YEAR: 2009-10 TECHNO TRACOM PVT. LTD. COPY OF THE ORDER FORWARDED TO: 1. TECHNO TRACOM PVT. LTD., KAMALALAYA CENTRE, 156A, LENIN SARANI, 4 TH FLOOR, ROOM NO. 417, KOLKATA-700 013. 2. ITO, WARD-8(3), KOLKATA. 3. CIT(A)- 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES