M/s. Emta Steel & Energy Limited, Kolkata V. DCIT, Central Circle-XVI, Kolkata, Kolkata

MA 52/KOL/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5797 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-08-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 06-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 153A

Judgement Text

1 M.A. NO. 52/KOL/2017 (ARISING OUT OF ITA NO. 1018/KOL/2012) ASSESSMENT YEAR: 2007-2008 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI N.V. VASUDEVAN, JUDICIAL MEMBER M.A. NO. 52/KOL./2017 (IN I.T.A. NO. 1018/KOL./2012) ASSESSMENT YEAR: 2007-2008 M/S. EMTA STEEL & ENERGY LIMITED,.................. ...........APPLICANT 5B, NANDULAL BASU SARANI, KOLKATA-700 071 [PAN: AABCE 5630 J] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. .....RESPONDENT CENTRAL CIRCLE-XVI, KOLKATA APPEARANCES BY: SHRI MANISH MALIK, ADVOCATE & SHRI L.N. MALIK, C.A. , FOR THE APPLICANT SHRI DAVID Z. CHAUNGTHU, ADDL. CIT, D.R., FOR THE D EPARTMENT DATE OF CONCLUDING THE HEARING : AUGUST 18, 2017 DATE OF PRONOUNCING THE ORDER : AUGUST 18, 2017 O R D E R PER SHRI P.M. JAGTAP, ACCOUNTANT MEMBER : BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING RECTIFICATION OF THE MISTAKE ALLEGED TO HAVE CREPT IN THE ORDER OF THE TRIBUNAL DATED JANUARY 06, 2017 PASSED IN I.T.A. NO . 1018/KOL/2012. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE ASSESSEE IN THE PRESENT MISCELLANEOUS APPLICATION AND FURTHER REITE RATED BY ITS LD. COUNSEL AT THE TIME OF HEARING BEFORE US, THE FOLLO WING ADDITIONAL GROUND 2 M.A. NO. 52/KOL/2017 (ARISING OUT OF ITA NO. 1018/KOL/2012) ASSESSMENT YEAR: 2007-2008 RAISED BY THE ASSESSEE-COMPANY IN ITS APPEAL HAS RE MAINED UN-ADMITTED AND UNDECIDED BY THE TRIBUNAL:- THE ASSUMPTION OF JURISDICTION UNDER SECTION 153A BY THE ASSESSING OFFICER TO CHARGE TO TAX THE INTEREST INCOME AMOUNTING TO RS.5,30,247/- WHICH HAS BEEN ADJUSTED AGAINST THE PRE-OPERATIVE EXPENSES, IS BAD IN LAW. IT IS OBSERVED FROM THE RECORD THAT THE ABOVE ADDIT IONAL GROUND WAS RAISED BY THE ASSESSEE AND AN APPLICATION DATED 11. 11.2014 WAS ALSO FILED SEEKING ADMISSION OF THE SAME. HOWEVER, SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE DATE OF HEARING FIXED ON 23 RD NOVEMBER, 2016 RESULTING INTO DISPOSAL OF ITS APPEAL BY THE TRIBUN AL VIDE AN ORDER DATED JANUARY 06, 2017 PASSED EX-PARTE , THE ATTENTION OF THE BENCH COULD NOT BE DRAWN TO THE SAID APPLICATION SEEKING ADMISSION OF THE ADDITIONAL GROUND AND CONSEQUENTLY THE SAME REMAINED TO BE ADMITTED A ND DECIDED. IN OUR OPINION, THERE IS THUS A MISTAKE IN THE ORDER OF TH E TRIBUNAL DATED JANUARY 06, 2017 TO THAT EXTENT AND THE SAME BEING APPARENT FROM RECORD, WE RE- CALL THE SAID ORDER OF THE TRIBUNAL FOR THE LIMITED PURPOSE OF DECIDING THE ISSUE RELATING TO THE ADMISSION OF THE ADDITIONAL G ROUND RAISED BY THE ASSESSEE AND ADJUDICATION OF THE ISSUE RAISED THERE IN ON MERIT, IF THE SAME IS ADMITTED. WE ACCORDINGLY DIRECT THE REGISTRY TO POST THIS CASE FOR HEARING ON SEPTEMBER 07, 2017 BEFORE REGULAR BENCH AS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH DAY OF AUGUST, 2017. SD/- SD/- (N.V. VASUDEVAN) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 18 TH DAY OF AUGUST, 2017 3 M.A. NO. 52/KOL/2017 (ARISING OUT OF ITA NO. 1018/KOL/2012) ASSESSMENT YEAR: 2007-2008 COPIES TO : (1) M/S. EMTA STEEL & ENERGY LIMITED, 5B, NANDULAL BASU SARANI, KOLKATA-700 071 (2) DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-XVI, KOLKATA (3) COMMISSIONER OF INCOME TAX(APPEALS), CENTRAL-I I, KOLKATA; (4) CIT- , KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY, HEAD OF OFFICE/DDO, INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.