M/s. Weedo Ventures Pvt. Ltd. (Earlier Known as M/s. Equal Projects Pvt. Ltd.), Kolkata V. CIT(A)-3, Kolkata

MA 24/KOL/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2146 (ITAT-KOLKATA)
• Duration Of Justice: 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 23-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MIRAJ D SHAH AR SMT RA
• Section: 271(1)(c)

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. 24/KOL/2021 ARISING OUT OF ITA NO. 2535/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. CIT(APPEALS)-3, 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 PARA-16 OF THE ORDER OF THE TRIBUNAL AT PAGE-10 DATED 16.04.2021 IN ITA NO. 2535/KOL/2019 FOR AY 2011-12 AS THIS WAS AN APPEAL AGAINST THE LEVY OF PENALTY U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL. WE RECTIFY THE SAME. PARA-16 SHALL READ AS FOLLOWS: 16. AS THE QUANTUM ASSESSMENT FOR THE ASSESSMENT YEAR IS CANCELLED, PENALTY LEVIED U/S 271(1)(C) OF THE ACT HAS NO LEGS TO STAND ON. HENCE, WE QUASH THE SAME. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION NO. 24/KOL/2021 IS ALLOWED. KOLKATA, THE 28 TH JUNE, 2021. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28.06.2021 BIDHAN 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.) 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