ITO, Ward - 11(2), Kolkata, Kolkata V. Metropoli Fashions Pvt. Ltd., Kolkata

MA 31/KOL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9454 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 18-04-2011
• Court: TRIBUNAL
• Department Lawyers: D J MEHTA LD
• Assessee Lawyers: R C JHAWAR CA LD
• Section: 80HHC

Judgement Text

, A, , IN THE INCOME TAX APPELLATE TRIBUNAL A B ENCH : KOLKATA [ .., ! ' 1$%, ] [BEFORE HONBLE SHRI C.D RAO,, AM & HONBLE SHRI GEORGE MATHAN, JM && % ' /M.A. NOS. 31 & 32/KOL/2011 [IN I.T A NOS. 119 & 120/KOL/2008 A.YS 2003-04 & 20 04-05] I.T.O WARD 11(2), KOLKATA VS. M/ S. METROPOLI FASHIONS PVT. LTD PAN: AABCM 7510R [ /APPLICANT ] [*+$,/ RESPONDENT ] /APPLICANT BY : SHRI D.J MEHTA, LD. SR.DR *+$, / RESPONDENT BY : SHRI R.C. JHAWAR, CA,, LD. AR .%/ 0 /DATE OF HEARING : 19-10-2012 12 0 /DATE OF PRONOUNCEMENT: 19/10/2012 3 /ORDER ! ' 1$%, SHRI GEORGE MATHAN, JUDICIAL MEMBER THESE MISCELLANEOUS PETITIONS ARE FILED BY THE RE VENUE AGAINST THE ORDER OF THE TRIBUNAL IN ITA NOS. 119 & 120/KOL/2008 DATED 26- 11-2009 FOR THE ASSESSMENT YEARS 2003-04 & 2004-05 RESPECTIVELY. 2. SHRI D.J MEHTA, LEARNED SR.DR REPRESENTED ON BEHALF OF THE REVENUE AND SHRI R.C. JHAWAR, CA,, LEARNED .AR REPRESENTED ON BEHAL F OF THE ASSESSEE. 3. AT THE TIME OF HEARING IT WAS SUBMITTED BY THE L EARNED SR.DR THAT IN THE SAID ORDER THE TRIBUNAL HAD RESTORED THE ISSUE TO THE FILE OF THE AO TO RE-COMPUTE THE DEDUCTION U/S. 80HHC OF THE I.T ACT 1961 AS PER THE DECISION OF T HE HONBLE SPECIAL BENCH, ITAT, MUMBAI IN THE CASE OF TOPMAN EXPORTS VS- ITO REPOR TED IN (2009) 33 SOT 337(SB). IT WAS THE SUBMISSION THAT THE DECISION OF THE HONBL E SPECIAL BENCH, ITAT, MUMBAI STOOD OVERRULED BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS- KALPATARU COLOURS & CHEMICALS REPORTED IN (2010) 192 TAXMAN 435(BOM). IT WAS THE FURTHER SUBMISSION THAT AS THE HONBLE BOMBAY HIGH COURT HAS REVERSED THE SAID DECISION OF THE HONBLE SPECIAL BENCH, ITAT, MUMBAI IN THE CASE OF TOPMAN EXPORTS ( REFER TO SUPRA), THE IMPUGNED ORDER OF THE TRIBUNAL DATED 26-11-09 PASSED IN ITA NOS. 1 19 & 120/KOL/08 FOR THE A.YS. 2003- 04 & 2004-05 WAS LIABLE TO BE REVERSED. [M.A. NOS.31 & 32/KOL/11-A-GM 2 4. IN REPLY, THE LEARNED AR FOR THE ASSESSEE HAS SU BMITTED THAT AFTER THE DECISION OF THE HONBLE BOMBAY HIGH COURT IN THE CASE OF KALPATARU COLOURS & CHEMICALS (REFER TO SUPRA) THE HONBLE SUPREME COURT IN THE CASE OF TOP MAN EXPORTS REPORTED IN 247 CTR 353(SC) ITSELF REAFFIRMED THE SAID DECISION OF THE HONBLE SPECIAL BENCH,ITAT, MUMBAI IN THE CASE OF TOPMAN EXPORTS. IT WAS THE SUBMISSION THAT IN VIEW OF THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORTS (SUPRA) THERE WAS NO MISTAKE IN THE SAID ORDER OF THE TRIBUNAL, WHICH CALLS FOR ANY RE CTIFICATION. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS HA S BEEN RIGHTLY BEEN POINTED OUT BY THE LEARNED AR FOR THE ASSESSEE THAT AFTER THE DECI SION OF THE HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORTS (REFER TO SUPRA) REVERSING T HE ORDER OF THE HONBLE BOMBAY HIGH COURT IN THE CASE OF KALPATARU COLOURS & CHEMICALS (REFER TO SUPRA), WE ARE OF THE VIEW THAT THERE WAS NO MISTAKE IN THE IMPUGNED ORDER OF THE TRIBUNAL, WHICH CALLS FOR ANY RECTIFICATION. IN THE CIRCUMSTANCES,. AS NO ERROR IN THE SAID ORDER OF THE TRIBUNAL RECTIFIABLE U/S. 254(2) OF THE ACT HAS BEEN POINTED OUT, THE MI SCELLANEOUS APPLICATIONS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. 6. IN THE RESULT, THE MISC. APPLICATIONS FILED BY THE REVENUE STAND DISMISSED. 3 . 4 .% 5 67 ORDER PRONOUNCED IN THE OPEN COURT ON 19-10-2012 SD/- SD/- [ .., ] [ ! ' 1$% , ] [ C.D RAO, ACCOUNTANT MEMBER ] [GEORGE MATHAN, JUDICIAL MEMBER ] / DATED 19-10-2012 3 0 *88& 9&2/ COPY OF THE ORDER FORWARDED TO: 1. /APPLICANT : M/S. METROPOLI FASHIONS PVT. LTD 5 TILJALA RD, KO L-39. 2 *+$, / RESPONDENT : ITO, W 11(2), KOL 3. 83%/ CIT, 4. 83% ()/ CIT(A), 5. @85 *8%/ DR, KOLKATA BENCHES, KOLKATA **PP/SPS [+& *8/ TRUE COPY] 3%./ BY ORDER, 6 /ASSTT REGISTRAR.