ACIT, Circle - 1, LTU, , Kolkata V. M/s. United Bank of India , Kolkata

MA 263/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7753 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-07-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 10-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SHRI ABY T. VARKEY, HONBLE JUDICIAL MEMBER] M.A. NO. 263/KOL/2019 (A/O. ITA NO. 2043/KOL/2018) ASSESSMENT YEAR: 2007-08 ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1, LTU, KOLKATA...........................................APPELLANT VS. M/S. UNITED BANK OF INDIA......................................................................................................RESPONDENT 16, OLD COURT HOUSE STREET DALHOUSIE KOLKATA 700 001 [PAN: AAACU 5624 P] APPEARANCES BY: SHRI SOUMITRA CHOUDHURY, ADVOCATE, APPEARING ON BEHALF OF THE ASSESSEE. SHRI DHRUBAJYOTI ROY, JCIT (SR. D/R) APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 17 TH , 2020 DATE OF PRONOUNCING THE ORDER : JULY 22 ND , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE. THE PITH AND SUBSTANCE OF THE APPLICATION IS THAT, THE ITAT HAS COMMITTED A FACTUAL ERROR IN COMING TO A CONCLUSION THAT THE TAX EFFECT IN THIS REVENUES APPEAL IS LESS THAN RS.50,00,000/- AND CONSEQUENTLY HAD APPLIED THE CBDT CIRCULAR NO. 17/2019, DT. 08/08/2019 VIDE F. NO. 279/MISC. 142/2007 ITJ (PT.) AND DISMISSED THIS APPEAL AS WITHDRAWN VIDE ITS ORDER DT. AUGUST 28 TH , 2019. THE LD. COUNSEL FOR THE ASSESSEE AGREED THAT THE TAX EFFECT IN THE REVENUES APPEAL IS ABOVE RS.50,00,000/-. 2. AFTER HEARING RIVAL CONTENTIONS AND PERUSING THE RECORDS, WE FIND THAT THE TAX EFFECT IN THIS REVENUES APPEAL IS ABOVE RS.50,00,000/-. THUS, A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL WHICH CALLS FOR RECTIFICATION. HENCE WE RECTIFY THE IMPUGNED ORDER DT. AUGUST 28 TH , 2019, BY RECALLING THE SAME IN ITS ENTIRETY AND RESTORE THE APPEAL OF THE REVENUE. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR HEARING IN REGULAR COURSE AFTER ISSUING NOTICES TO BOTH THE PARTIES. 3. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. KOLKATA, THE 22 ND DAY OF JULY, 2020. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 22.07.2020 {SC SPS} 2 M.A. NO. 263/KOL/2019 (A/O. ITA NO. 2043/KOL/2018) ASSESSMENT YEAR: 2007-08 M/S. UNITED BANK OF INDIA COPY OF THE ORDER FORWARDED TO: 1. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1, LTU, KOLKATA 2. M/S. UNITED BANK OF INDIA 16, OLD COURT HOUSE STREET DALHOUSIE KOLKATA 700 001 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES