M/s. Progro Stocks Pvt. Ltd., , Kolkata V. ITO , Ward - 3(1), Kolkata, Kolkata

MA 43/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6600 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 15-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A BHATTACHARJEE
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C(SMC), KOLKATA [BEFORE SHRI P.M. JAGTAP, AM & SHRI S.S. VISWANETHRA RAVI, JM] M.A. NO. 43/KOL/2018 (A/O, ITA NO. 1373/KOL/2017) ASSESSMENT YEAR: 2011-12 M/S. PROGRO STOCKS PVT. LTD...................................................APPELLANT 9/2, LALBAZAR STREET, KOLKATA 700 001 [PAN: AABCP 5332 J] ITO, WARD 3(1), KOLKATA..........................RESPONDENT AAYAKAR BHAWAN, 4 TH FLOOR, KOLKATA 700 001 APPEARANCES BY: SHRI SUBASH AGARWAL, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI A. BHATTACHARJEE, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MAY 11, 2018 DATE OF PRONOUNCING THE ORDER : MAY 11, 2018 ORDER PER P.M. JAGTAP, AM BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING RECTIFICATION OF THE MISTAKE ALLEGED TO HAVE CREPT IN THE ORDER OF THE TRIBUNAL DATED FEBRUARY, 19, 2018 PASSED IN ITA NO. 1373/KOL/2017. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE SOLITARY ISSUE INVOLVED IN THE APPEAL OF THE REVENUE BEING ITA NO. 1373/K/2017 RELATING TO DELETION BY THE LD. CIT(A) OF THE DISALLOWANCE OF RS. 2,16,006/- MADE BY THE A.O. UNDER SECTION 14A WAS DECIDED BY THE TRIBUNAL VIDE PARAGRAPH NO 4 OF ITS ORDER DATED FEBRUARY 19, 2018 (SUPRA) IN FAVOUR OF THE ASSESSEE UPHOLDING THE ORDER OF THE LD. CIT(A) AND DISMISSING THE APPEAL OF THE REVENUE. WHILE GIVING THE FINAL RESULT IN PARAGRAPH NO 5, 2 MA NO. 43/KOL/20178 ASSESSMENT YEAR: 2011-12 M/S. PROGRO STOCKS PVT. LTD. IT WAS HOWEVER, INADVERTENTLY MENTIONED THAT THE APPEAL OF THE REVENUE WAS ALLOWED. SINCE THIS MISTAKE POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE IS APPARENT FROM RECORD, WE RECTIFY THE SAME BY DELETING PARAGRAPH NO 5 OF THE ORDER OF THE TRIBUNAL DATED FEBRUARY 19, 2018(SUPRA) AND REPLACING THE SAME WITH THE FOLLOWING: IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH MAY, 2018. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11/05/2018 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. PROGRO STOCKS PVT. LTD., 9/2, LALBAZAR STREET, KOLKATA 700 001. 2. ITO, WD-3(1), AAYAKAR BHAWAN, 4 TH FLOOR, ROOM NO. 17, P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA