ITO,Ward-2(1), Midnapore, V. Sabbir Ahmed, Paschim Medinipur

MA 49/KOL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8708 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-06-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 01-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 2

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA () BEFORE , ! ! ! ! /AND ' #!' ' #!' ' #!' ' #!' , ) [BEFORE SHRI PRAMOD KUMAR, AM & SHRI MAHAVIR SINGH, JM] $ $ % $ $ % $ $ % $ $ % !& !& !& !& /M. A. NO. 49/KOL/2012 IN !& !& !& !& /IN I.T.A NO. 1199/KOL/2011 #%' () #%' () #%' () #%' ()/ // / ASSESSMENT YEAR: 2005-06 INCOME-TAX OFFICER, WD-2(1), MIDNAPORE VS. SHABB IR AHMED, PROP. OF M/S. CRESCENT AUTO (PAN: ACZPA2436R) ( /APPLICANT ) (+,-/ RESPONDENT ) DATE OF HEARING: 15.06.2012 DATE OF PRONOUNCEMENT: 15.06.2012 . / /FOR THE APPLICANT: SHRI P. S. DUTTA +,- . / /FOR THE RESPONDENT: SHRI GOUTAM GHOSH 0 / ORDER IMMEDIATELY UPON CONCLUSION OF HEARING OF THIS M.A ON 15TH JUNE, 2012, THE BENCH PASSED THE FOLLOWING ORDER: 15TH JUNE, 2012 M.A. OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT. DETAILED ORDER WILL FOLLOW. IN ACCORDANCE WITH THE ABOVE, THE REASONED ORDER IS NOW SET OUT AS FOLLOWS: PER MAHAVIR SINGH, JM/ ' #!' ' #!' ' #!' ' #!' , : THROUGH THIS MISC. APPLICATION REVENUE HAS REQUIRED THE BENCH TO RECALL THE TRIBUNALS ORDER DATED 24.11.2011 BY STATING THAT THE TRIBUNAL DISMISSED THE REVENUES APPEAL IN VIEW OF THE DECISION OF HONBLE DELHI HIGH COURT IN THE CAS E OF CIT VS. DELHI RACE CLUB IN ITA NO. 128/2008 DATED 03.03.2011, AS THE PRESENT APPEAL I S BELOW THE MONETARY LIMIT AS PER GUIDELINES OF THE CBDT. BUT THE DISALLOWANCES MADE BY THE LO WER AUTHORITIES BEING THE SUB-DEALERS COMMISSION MADE U/S. 40(A)IA) OF THE I. T. ACT, 196 1 ON WHICH TAX WAS DEDUCTED AT SOURCE ON 31.03.2005 BUT DEPOSITED BY THE ASSESSEE ON 03.09.2 005. THE SAID CLAIM OF ASSESSEE WOULD BE ALLOWABLE IN THE AY 2007-08 AS PER PROVISION OF SEC TION 40(A)(IA) OF THE ACT. CIT(A) DELETED THE ADDITION ON THE GROUND THAT THE AMENDMENT MADE BY THE FINANCE ACT, 2010 IS CURATIVE IN NATURE AND WOULD APPLY TO EARLIER YEARS ALSO, WHICH IS WRONG AND MISCONCEIVED. 2. AFTER HEARING BOTH THE SIDES, WE FIND THAT THE I SSUE WAS DECIDED ON TAX EFFECT AND NOT ON MERITS AND REVENUE HAS RAISED THE ISSUE THAT THE IS SUE IS COVERED AGAINST THE ASSESSEE ON MERITS FOR THE REASON THAT AMENMENT MADE BY FINANCE ACT, 2 010 U/S. 40(A)(IA) OF THE ACT IS NOT 2 MA NO. 49/K/2012 SHABBIR AHMED A. Y 2005-06 CURATIVE IN NATURE AND WOULD NOT APPLY TO THE EARLI ER YEARS. WE FIND THAT THIS APPEAL OF ASSESSEE IS DECIDED BY INVOKING INSTRUCTION NO. 3/2011(F. NO .279/MISC.142/20070TTJ), DATED 9.2.2011 REGARDING TAX EFFECT CASE AND ADMITTEDLY TAX EFFECT IS LESS THAN RS.3 LACSIN THIS CASE. HENCE, THERE IS NO MISTAKE APPARENT FROM RECORD IN THE ORD ER OF THE TRIBUNAL AND THE MISC. APPLICATION FILED BY REVENUE IS DISMISSED. 3. EVEN OTHERWISE, ON MERIT ALSO, THE ISSUE RAISED BY REVENUE IN THIS MISC. APPLICATION IS COVERED AGAINST REVENUE AND IN FAVOUR OF ASSESSEE B Y DECISION OF HONBLE CALCUTTA HIGH COURT IN THE CASE OF CIT VS. VIRGIN CREATIONS IN ITAT NO. 302 OF 2011, GA NO.3200/2011 DATED 23.11.2011 4. IN THE RESULT, THE REVENUES MISC. APPLICATION S TANDS DISMISSED. 5. ORDER IS PRONOUNCED IN THE OPEN COURT . SD/- SD/- , ' #!' ' #!' ' #!' ' #!' , (PRAMOD KUMAR) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ( 1 1 1 1) )) ) DATED :15TH JUNE, 2012 23 #%45 #6 JD.(SR.P.S.) 0 . ##$ 7$(8- COPY OF THE ORDER FORWARDED TO: 1 . /APPLICANT ITO, WARD-2(1), MIDNAPORE 2 +,- / RESPONDENT SHABBIR AHMED, PROP. OF M/S. CRESCEN T AUTO, TE-40, GOLE BAZAR, KHARAGPUR, DIST. PASCHIM MEDINIPUR, PIN -721301. 3 . #0% ( )/ THE CIT(A) , KOLKATA 4. CIT, KOLKATA 5 . ?#@ #% / DR, KOLKATA BENCHES, KOLKATA +$ #/ TRUE COPY, 0%/ BY ORDER, ' !5 /ASSTT. REGISTRAR .