DCIT, Circle - 5(1) , Kolkata V. M/s. Kesoram Industries Ltd., , Kolkata

MA 4/KOL/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4817 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 17-02-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 68

Judgement Text

1 MA No.04/Kol/2022 Kesoram Industries Ltd., AY 2014-15 आयकर अपीलीय अधीकरण, ᭠यायपीठ –“C” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA [Before Hon’ble Shri A. T. Varkey, JM & Hon’ble Shri Manish Borad, AM] MA No. 04/Kol/2022 In I.T.A. No. 1778/Kol/2019 Assessment Year: 2014-15 Deputy Commissioner of Income- tax, Circle-5(1), Kolkata. Vs. Kesoram Industries Ltd. (PAN: AABCK2417P) Applicant Respondent Date of Hearing 01.04.2022 Date of Pronouncement 07.04.2022 For the Applicant Shri Biswanath Das, Addl. CIT For the Respondent Shri Akkal Dudhwewala, FCA ORDER Per Shri A. T. Varkey, JM: This Misc. Application preferred by the revenue against the order of the Tribunal passed on 28.10.2021 in ITA No. 1778/Kol/2019 which is a consolidated order for AY 2012-13, 2014-15 and 2015-16. However, this Misc. Application is filed against the order passed for AY 2014-15 only. 2. The grievance of the revenue is that it had filed for AY 2014 revised grounds of appeal which had five grounds of appeal (which included the original grounds of appeal wherein four (4) grounds of appeal were raised) and in the impugned order, the Tribunal did not adjudicate ground no. 5 raised in the revised grounds of appeal. Therefore, the Ld. DR wants us to recall the impugned order of AY 2014-15 and adjudicate the left over ground no. 5 of the revised ground of appeal. Per contra, the Ld. AR submitted that the assessee was not in receipt of the revised ground of appeal and conceded that the Tribunal for AY 2014- 15 has not decided ground no. 5 of the revised ground of appeal. In such a scenario, we are inclined to recall the impugned order pertaining to AY 2014-15 for the limited purpose to adjudicate ground no. 5 of the revised ground of appeal which is as under: 2 MA No.04/Kol/2022 Kesoram Industries Ltd., AY 2014-15 “On the facts and in the circumstances of the case, the Ld. CIT(A) has erred on facts and law in granting relief on account of loss disallowed by the AO u/s. 68 of the I. T. Act, 1961.” The registry is directed to fix only the captioned appeal for AY 2014-15 in due course for the limited purpose of adjudicating ground no. 5 of the revised ground of appeal (supra). 3. In the result, the Misc. Application of the revenue is allowed as observed supra. Order is pronounced in the open court on 7 th April, 2022. Sd/- Sd/- (Manish Borad) (A. T. Varkey) Accountant Member Judicial Member Dated: 7 th April, 2022 Jd.(Sr.P.S.) Copy of the order forwarded to: 1. Applicant – DCIT, Circle-5(1), Kolkata. . 2 Respondent – M/s. Kesoram Industries Ltd., 9/1, R. N. Mukherjee road, Kolkata-700 001. 3. CIT(A)-7 & 22, Kolkata (sent through e-mail) 4. 5. PCIT-2, Kolkata. DR, Kolkata Benches, Kolkata (sent through e-mail) /True Copy, By order, Assistant Registrar, ITAT, Kolkata Benches, Kolkata