M/S REX EDUCATIONAL SERVICES PVT LTD, PATNA V. ITO, WARD-2(2), PATNA

MA 31/PAT/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6884 (ITAT-PATNA)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SB
• Assessment Year: 2011-2012
• Appeal Filed On: 22-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K TULSIYAN AR SHRI V
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH VIRTUAL HEARING @ KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SHRI ABY T. VARKEY, HONBLE JUDICIAL MEMBER] M.A. NO. 31/PAT/2020 (A/O. ITA NOS. 228/PAT/2019) ASSESSMENT YEAR: 2011-12 M/S. REX EDUCATIONAL SERVICES PVT. LTD.........APPELLANT 202, RANI PLAZA EXHIBITION ROAD PATNA 800 008 [PAN : AACCR 4971 Q] INCOME TAX OFFICER -2(2), PATNA................................................................................RESPONDENT APPEARANCES BY: SHRI S.K. TULSIYAN, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SHRI VIJAY KUMAR, D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : DECEMBER 18 TH , 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 28 TH , 2021 ORDER PER J. SUDHAKAR REDDY, AM :- AFTER PERUSING THE MISCELLANEOUS APPLICATION AND HEARING THE PARTIES, WE FIND THAT THE REVENUE APPEAL HAD TO HAVE BEEN DISMISSED, ON THE GROUND THAT THE TAX EFFECT WAS LESS THAN RS.50,00,000/-, IN VIEW OF THE CBDT CIRCULAR NO. 17/2019, DATED 8-8-2019. 2. A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DT. 22/09/2020, AS THE APPEAL WAS DISMISSED ON THE GROUND THAT THE ASSESSEE IS AVAILING VIVAAD SE VISHWAS SCHEME. WE RECTIFY THIS APPARENT MISTAKE AND DISMISS THE APPEAL OF THIS REVENUE IN ITA NO. 228/PAT/2019; ASSESSMENT YEAR 2011-12, AS WITHDRAWN AS THE TAX EFFECT IN THIS APPEAL IS LESS THAN THE MONETARY LIMITS PRESCRIBED BY THE CBDT CIRCULAR NO. 17/2019, DATED 8-8-2019. 3. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 28 TH DAY OF JANUARY, 2021 SD/- SD/- [ ABY T. VARKEY ] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 28.01.2021 {SC SPS} 2 M.A. NO. 31/PAT/2020 (A/O. ITA NOS. 228/PAT/2019) ASSESSMENT YEAR: 2011-12 M/S. REX EDUCATIONAL SERVICES PVT. LTD. COPY OF THE ORDER FORWARDED TO: 1. M/S. REX EDUCATIONAL SERVICES PVT. LTD 202, RANI PLAZA EXHIBITION ROAD PATNA 800 008 2. INCOME TAX OFFICER -2(2), PATNA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SR. PVT. SECRETARY/DDO ITAT, PATNA BENCHES