Stesalit Limited, Kolkata V. A.C.I.T., Circle - 8(2), Kolkata, Kolkata

MA 43/KOL/2023

AI Insights

Stesalit Limited filed miscellaneous applications addressing apparent mistakes in the ITAT's order dated 09/05/2023, which dismissed their appeals as infructuous based on the cessation of tax liabilities following an NCLT resolution. The Tribunal acknowledged the errors pointed out by the assessee, including incorrect statements about the appearance of their representative and the misinterpretation of the impact of the NCLT's resolution on their tax liabilities. The Tribunal decided to recall the original order and set the appeals for a fresh hearing, correcting the clerical mistakes and acknowledging the factual context provided by the assessee.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 132589 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 27-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 05-07-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JAYANT REHEJA
• Keywords: Condonation of delay

Judgement Text

| आयकर अपीलीय अिधकरण ᭠यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER & SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER M.A. No. 41/Kol/2023 A/o I.T.A. No. 747/Kol/2022 Assessment Year: 2012-13 M.A. No. 42/Kol/2023 A/o I.T.A. No. 748/Kol/2022 Assessment Year: 2014-15 M.A. No. 43/Kol/2023 A/o I.T.A. No. 749/Kol/2022 Assessment Year: 2017-18 Stesalit Limited DBS Business Centre DBS House 10/2 Hungerford Street Kolkata - 700017 [PAN : AAECS0758A] Vs Asstt. Commissioner of Income Tax, Circle-8(2), Kolkata अपीलाथᱮ/ (Appellant) ᮧ᭜ यथᱮ/ (Respondent) Assessee by : Shri Jayant Reheja, C.A. Revenue by : Shri B.K. Singh, JCIT, Sr. D/R सुनवाई कᳱ तारीख/Date of Hearing : 28/07/2023 घोषणा कᳱ तारीख /Date of Pronouncement: 21/09/2023 आदेश/O R D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER : By way these miscellaneous applications, the assessee has referred to various apparent mistakes in the order of this Tribunal dated 09/05/2023 which are as under:- S No. Errors/Mistakes in the order dt. 09/05/2023 Assessee’s Remarks and facts 1. “None appeared on behalf of the assessee. The AR of the Assessee attended the hearing on 14.02.2023 in the Hon’ble Court of Shri Sanjay Garg and Dr. Manish Borad and on 27.02.2023 in the Hon’ble Court of Dr. Manish Borad and Sh. Sonjoy Sarma, where M.A. No. 41/Kol/2023 A/o I.T.A. No. 747/Kol/2022 Assessment Year: 2012-13 M.A. No. 42/Kol/2023 A/o I.T.A. No. 748/Kol/2022 Assessment Year: 2014-15 M.A. No. 43/Kol/2023 A/o I.T.A. No. 749/Kol/2022 Assessment Year: 2017-18 Stesalit Limited 2 Hon’ble Dr. Manish Borad specifically exempted the AR to appear before he ITAT on 28.02.2023 as he had made the entire submission on 27.02.2023. 2. At the outset we find that there is a delay of 311 days. The assessee has not filed any petition for condonation of delay either. Even otherwise, we find that the assessee company had approached the National Company Law Tribunal, Kolkata for resolution and the proposal has been accepted by the NCLT, Kolkata vide order dt. 20/07/2018. The assessee has filed written submissions reflecting the relevant portions of the resolution plan approved by the NCLT, Kolkata, stating that any dues in respect of the assesse company shall stand extinguished. There was delay in filing of the appeal, however the assesee has filed petition for condonation of delay along with all the above-mentioned appeals. The copy of petition of condonation of delay filed along with the Appeal from no. 36 are enclosed as per Annexure-1 3. A perusal of the above reveals that, the assessee has ceased its tax liabilities making these appeals before us infructuous and the same are dismissed as such. As per this para the assessee has ceased its tax liabilities and therefore the appeals before the Hon’ble ITAT becomes infructuous/ineffective. If the tax liabilities of the assessee has ceased, then the infructuous appeal should have been admitted. There seems to be a clerical error and the para 3 should have been: “A perusal of the above reveals that, the assessee has ceased its tax liabilities making these appeals before us infructuous and the M.A. No. 41/Kol/2023 A/o I.T.A. No. 747/Kol/2022 Assessment Year: 2012-13 M.A. No. 42/Kol/2023 A/o I.T.A. No. 748/Kol/2022 Assessment Year: 2014-15 M.A. No. 43/Kol/2023 A/o I.T.A. No. 749/Kol/2022 Assessment Year: 2017-18 Stesalit Limited 3 same are admitted as such.” 2. After perusing the application as well as the order of the Tribunal dt. 09/05/2023, we find merit in the contentions of the assessee as various apparent mistakes are pointed out and certain factual aspects has not been taken note and, therefore, rather than making various changes in the impugned order, we deem it fit to recall the order of the Tribunal for fresh hearing and direct the Registry to restore the appeals at their original numbers and fix them for hearing in due course after serving notice to both the parties. 3. In the result, the miscellaneous applications being M.A. No. 41, 42 & 43/Kol/2023 filed by the assessee are allowed as per the terms indicated hereinabove. Order pronounced in the Court on 21 st September, 2023 at Kolkata. Sd/- Sd/- (SONJOY SARMA) (DR. MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated 21/09/2023 *SC SrPs M.A. No. 41/Kol/2023 A/o I.T.A. No. 747/Kol/2022 Assessment Year: 2012-13 M.A. No. 42/Kol/2023 A/o I.T.A. No. 748/Kol/2022 Assessment Year: 2014-15 M.A. No. 43/Kol/2023 A/o I.T.A. No. 749/Kol/2022 Assessment Year: 2017-18 Stesalit Limited 4 आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent 3. संबंिधत आयकर आयुᲦ / Concerned Pr. CIT 4. आयकर आयुᲦ)अपील (/ The CIT(A)- 5. िवभागीय ᮧितिनिध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाडᭅ फाई/ Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Kolkata