DCIT, Circle - 13(1) , Kolkata V. J.P. Financial Services Pvt. Limited , Howrah

MA 4/KOL/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4155 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 01-02-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rajesh Kumar, Accountant Member M.A. No.4/Kol/2021 (Arising out of ITA No.07/Kol/2019) Assessment Year: 2004-05 DCIT, Circle-13(1), Kolkata.......................................................................... Appellant vs. J.P Financial Services Pvt. Ltd................................................................... Respondent 2, Abhoy Guha Road, Liluah, Howrah. [PAN:AAACJ7794B] Appearances by: Shri A. K. Tulsiyan, A.R., appeared on behalf of the appellant. Shri Sailen Samaddar, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : May 27, 2022 Date of pronouncing the order : May 27, 2022 ORDER Per Sanjay Garg, Judicial Member: The present miscellaneous application has been moved by the Department pleading that a mistake apparent on record has occurred in the order of the Tribunal dated 13.11.2019 passed in ITA No.7/Kol/2019. It has been pleaded in the application that the assessee had made donation to M/s Herbicure Healthcare Bio Herbal Research Foundation which was earlier recognised as scientific research institute and was grated certificate u/s 35(1)(ii) to receive donation and the donors of the said foundation could claim weighted deduction u/s 35(1) of the Income Tax Act (hereinafter referred to as the ‘Act’). It has been further pleaded that the approval to the said institution u/s 35(1)(ii) was withdrawn retrospectively, therefore the assessee was not entitled to weighted deduction. It has, therefore, been pleaded that the decision of the Tribunal dated 13.11.2019 was passed on wrong appreciation of facts. However, the ld. AR has invited our attention to the impugned order of the Tribunal dated 13.11.2019 to point out that the above facts of withdrawal of approval to the said M/s Herbicure Healthcare Bio Herbal Research Foundation has been duly taken note of M.A. No.4/Kol/2021 J.P Financial Services Pvt. Ltd Assessment Year: 2004-05 2 by the Tribunal in the impugned order. Since the aforesaid fact has already been looked into by the Tribunal and the issue has been adjudicated after considering the said fact, therefore, it cannot be said that any error apparent on record has occurred in the order of the Tribunal. The Revenue through this application wants to re-contest the issue by way of review petition which cannot be allowed as per the provisions of the Act. The Revenue if is aggrieved by the order of the Tribunal dated 13.11.2019, it can file appeal to the higher authority/Hon’ble High Court. There is no merit in this petition of the Revenue and the same is accordingly dismissed. 2. In the result, the Miscellaneous Application of the Revenue stands dismissed. Kolkata, the 27 th May, 2022. Sd/- Sd/- [Rajesh Kumar] [SanjayGarg] Accountant Member Judicial Member Dated: 27.05.2022. RS Copy of the order forwarded to: 1. DCIT, Circle-13(1), Kolkata 2. J.P Financial Services Pvt. Ltd 3. CIT(A)- 4. CIT- , 5. CIT(DR),