Exide Industries Limited, Kolkata V. DCIT, Cir-1,Kolkata, Kolkata

MA 32/KOL/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5801 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-09-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 17-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S ALLONG YADEN CIT LD
• Assessee Lawyers: ANUP SINHA LD
• Section: 14A

Judgement Text

INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA BEFORE SHRI M. BALAGANESH, AM & SHRI S.S.VIS WANETHRA RAVI, JM M.A. NO. 32/KOL /2017 [IN I.T A NO. 712/KOL/2013 A.Y 2008-09] EXIDE INDUSTRIES LTD. VS. D.C.I.T., CIR-1, KOLKATA PAN: AAACE 6641E [ APPLICANT ] [ RESPONDENT ] APPLICANT BY : SHRI ANUP SINHA,LD.AR RESPONDENT BY : SHRI SALLONG YADEN, ADDL.CIT, LD.DR DATE OF HEARING : 23-06-2017 DATE OF PRONOUNCEMENT : 1 5-09-2017 ORDER SHRI S.S.VISWANETHRA RAVI, JM BY VIRTUE OF THIS MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE U/S. 254(2) OF THE ACT, THE ASSESSEE INTENDS TO RECTIFY A PARTICULAR MISTAKE OF NON ADJUDICATION OF ADDITIONAL GROUND NO.1 RAISED B Y THE ASSESSEE IN THE ORIGINAL PROCEEDINGS. 2. WE FIND THAT THE ADDITIONAL GROUND NO.1 WAS RAIS ED BY THE ASSESSEE, WHEREIN IT HAD PLEADED THAT ONLY DIVIDEND BEARING I NVESTMENT OUGHT TO BE CONSIDERED FOR THE PURPOSE OF MAKING DISALLOWANCE U /S. 14A R.W.R 8D OF THE RULES. 3. WE HAVE PERUSED THE MISC. APPLICATION FILED BY THE ASSESSEE. WE ARE IN AGREEMENT WITH THE SAME. ACCORDINGLY, WE HOL D THAT THIS MISC. APPLICATION PREFERRED BY THE ASSESSEE DESERVES TO B E RECALLED FOR THE LIMITED PURPOSE OF ADJUDICATION OF ADDITIONAL GROUN D NO. 1 RAISED BY THE ASSESSEE IN THE ORIGINAL PROCEEDINGS. THE REGISTRY IS DIRECTED TO FIX THE CASE BY ISSUING NOTICES TO BOTH THE PARTIES. M.A NO. 32/KOL/2017 2 4. IN THE RESULT, THE MISC. APPLICATION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15-09-2017 SD/- SD/- M. BALAGANESH S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 15-09-2017 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : M/S. EXIDE INDUSTRIES LIMITED 59E, CHOWRINGHEE ROAD, KOLKATA-20. 2 RESPONDENT : THE DCIT, RANAGE-1, AAYKAR BHAWAN,P-7 CHOWRINGHEE SQ., KOKATA-69. 3 . CIT, 4 . CIT(A), 5 . DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE COPY BY ORDER, SR.PS, H.O.O ITAT KOLK ATA