West Bengal Agro Industries Corporation Ltd., Kolkata V. ACIT, Cir - 6(2), Kolkata, Kolkata

MA 24/KOL/2022

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8570 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-11-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 03-11-2022
• Assessment Year: 2013-2014
• Appeal Filed On: 21-07-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263; 254(2); 13

Judgement Text

। आयकर अपीलीय अिधकरण ᭠यायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & SHRI RAJESH KUMAR, HON’BLE ACCOUNTANT MEMBER M.A. No. 24/Kol/2022 A/o C.O. No. 04/Kol/2020 Assessment Year: 2013-14 West Bengal Agro Industries Corporation Ltd. 23B, N.S. Road 3 rd Floor Kolkata - 700001 PAN : AAACW3323M Vs Assistant Commissioner of Income Tax, Circle-6(2), Kolkata अपीलाथᱮ/ (Appellant) ᮧ᭜ यथᱮ/ (Respondent) Assessee by : Shri V.N. Datta, A/R Revenue by : Shri Vijay Kumar, Addl. CIT, D/R सुनवाई कᳱ तारीख/Date of Hearing : 04/11/2022 घोषणा कᳱ तारीख /Date of Pronouncement: 14/11/2022 आदेश/O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER : This miscellaneous application (M.A.) at the instance of the assessee filed u/s 254(2) of the Act, is directed against the order of the Tribunal dt. 27/06/2022. 2. The ld. Counsel for the assessee has pointed out that an error apparent on record has crept in at para 12 & 13 of the Tribunal’s order wherein the cross- objection filed by the assessee was dismissed whereas the Tribunal vide its order dt. 27/11/2019, had quashed the impugned order of the ld. Pr. CIT rendering the assessment made u/s 263/143(3) of the Act as infructuous and not tenable in law. Therefore, he prayed that the error in the order be rectified and orders passed accordingly. The ld. D/R raised no objection. 3. We have heard rival submission. We agree with the contention of the ld. Counsel for the assessee that an inadvertent error, as per his pleadings, has crept into the order of this Tribunal dt. 27/06/2022. Hence the same is being rectified and para 12 & 13 of the said order, shall henceforth be read as under:- “12. At the outset, the ld counsel of the assessee submitted before the bench that this appeal and cross objections are arising out of the order passed by ld CIT(A) dated 03.08.2019 which in turn arise out of the assessment framed by the AO u/s 143(3)/263 of M.A. No. 24/Kol/2022 A/o C.O. No. 04/Kol/2020 Assessment Year: 2013-14 West Bengal Agro Industries Corporation Ltd. 2 the Act dated 26.12.2018. The ld Counsel submitted before the bench that the tribunal vide order dated 27.11.2019 has quashed the order passed by the ld PCIT u/s 263 of the Act dated 28.03.2018 and consequently the appeal of the revenue may be dismissed and CO of the assessee may be allowed. The ld DR fairly agreed to the facts as placed by the ld. counsel of the assessee before the Bench. Considering these facts, the appeal of the revenue is dismissed and CO of the assessee are allowed. 13. In the result the cross objections of the assessee for A.Y. 2011-12, 2012-13 & A.Y. 2013-14 are allowed. All the three appeals of the revenue are dismissed.” 4. In the result, miscellaneous application of the assessee is allowed and our order dated 27/06/2022 stands modified as stated hereinabove. Order pronounced in the Court on 14 th November, 2022 at Kolkata. Sd/- Sd/- (SANJAY GARG) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated 14/11/2022 *SC SrPs Pआदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent 3. संबंिधत आयकर आयुᲦ / Concerned Pr. CIT 4. आयकर आयुᲦ)अपील (/ The CIT(A)- 5. िवभागीय ᮧितिनिध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाडᭅ फाईल /Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Kolkata