Shri Ratan Kumar Saha, Kolkata V. A.C.I.T.,Circle-49(1), Kolkata

MA 44/KOL/2022

AI Insights

The case involves Shri Ratan Kumar Saha, who filed miscellaneous applications under section 254(2) of the Income Tax Act, seeking to recall an order passed by the Income Tax Appellate Tribunal, Kolkata. The original order directed a fresh decision on the determination of capital gains after obtaining reports from the District Valuation Officer (DVO). The assessee argued that the Tribunal failed to consider a crucial certificate obtained from a local authority. However, the Departmental Representative contended that the original order was well-reasoned and did not contain any apparent mistakes. The Tribunal, after considering the submissions, dismissed the applications, emphasizing that it lacked the power to review its own orders.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301081 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-02-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 24-10-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Keywords: Capital Gains
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘B’ BENCH, KOLKATA BEFORE DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER MA No. 43/KOL/2022 (Arising out of ITA No. 137/KOL/2020) Assessment Year: 2014-15 Shri Ratan Kumar Saha 299, Gorakshabasi Road, Dum Dum, Kolkata – 700 028. PAN: ALCPS 9290 B Vs. ACIT, Circle-49(1 & 2), Kolkata (Appellant) (Respondent) MA No. 44/KOL/2022 (Arising out of ITA No. 154/KOL/2020) Assessment Year: 2014-15 Shri Ratan Kumar Saha 299, Gorakshabasi Road, Dum Dum, Kolkata – 700 028. PAN: ALCPS 9290 B Vs. ACIT, Circle-49(1), Kolkata (Appellant) (Respondent) Present for: Assessee by : Shri Amit Agarwal, Advocate Revenue by : Smt. Ranu Biswas, Addl. CIT, DR Date of Hearing : 03.02.2023 Date of Pronouncement : 09.02.2023 O R D E R PER SONJOY SARMA, JM: The captioned miscellaneous applications u/s 254(2) of the Act at the instance of the appellant petitioner is directed against the order by this Tribunal vide ITA No. 137/Kol/2020 & ITA No. 154/Kol/2020 passed on 06.07.2022. 2. At the time of hearing, ld. counsel for the petitioner prayed before this bench to recall the impugned order passed by the Tribunal since the Tribunal has failed to consider the certificate dated 21.12.2021 which has been obtained from the local MA Nos.43 & 44/Kol/2022 Shri Ratan Kumar Saha A.Y. 2014-15 2 authority by the assessee. However, the Tribunal while deciding the issue directed in its order to decide the matter afresh on the issue involved after obtaining necessary reports from the DVO to determine the capital gains in the hands of assessee. Therefore, the order passed by the Tribunal may be recalled and restore for fresh hearing. 3. On the other hand, ld. DR submitted that the order passed by the Tribunal is a good and reasoned order, therefore, nothing apparent mistake thereon. In such circumstances, such prayer made by the assessee required to be rejected. 4. We after hearing the rival submission of the parties and perusing the material available on record. We find that there is no apparent mistake in the order passed by the Tribunal as claimed by the assessee. In such a situation, we are handicapped to entertain the petition filed by the assessee since it would tantamount to reviewing of the order of the Tribunal and no such power has been given by the Act to the Tribunal. Therefore, the petition filed by the assessee is hereby rejected and both the miscellaneous application filed by the assessee are dismissed. 5. In the result, miscellaneous applications filed by the assessee are dismissed. Order pronounced in the open court on 09.02.2023. Sd/- Sd/- (MANISH BORAD) (SONJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata, Dated: 09.02.2023. Biswajit, Sr. P.S. MA Nos.43 & 44/Kol/2022 Shri Ratan Kumar Saha A.Y. 2014-15 3 Copy to: 1. The Appellant: Shri Ratan Kumar Saha. 2. The Respondent: ACIT, Circle-49(1 & 2) / ACIT, Circle-49(1), Kolkata 3. The CIT, 4. The CIT (A) 5. The DR Concerned Bench //True Copy// [ By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata