ITO, Wd-2(4), Burdwan, Burdwan V. Tarun Kanti Roy, Kolkata

MA 52/KOL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4220 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 06-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHURY CIT DR REVEN
• Section: 56(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE AM] M.A. NO. 52/KOL/2019 (A/O. ITA NO. 1778/KOL/2017) ASSESSMENT YEAR: 2006-07 INCOME TAX OFFICER, WARD-2(4), BURDWAN.............................................APPELLANT VS. TARUN KANTI ROY..................................................................................RESPONDENT RAMLAL BOSE LANE RADHANAGAR BURDWAN 713 101 [PAN: ACRPR 1408 A] APPEARANCES BY: NONE APPEARED ON BEHALF OF THE ASSESSEE. SHRI ROBIN CHOUDHURY, ADDL. CIT (D/R) APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MAY 3 RD , 2019 DATE OF PRONOUNCING THE ORDER : MAY 10 TH, 2019 ORDER PER J. SUDHAKAR REDDY, AM:- BY THIS MISCELLANEOUS APPLICATION, THE REVENUE STATES THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL AS, THE TRIBUNAL HAS APPLIED THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CASE OF RAMA BAI VS. CIT [1991] 54 TAXMAN 496 (SC) AND WHEREAS THERE IS AN AMENDMENT BROUGHT IN THE ACT TO SECTION 145A AND SECTION 56(2) OF THE ACT, WHEREBY, THE INTEREST RECEIVED BY THE ASSESSEE ON COMPENSATION OR ENHANCED COMPENSATION WOULD BE DEEMED TO BE HIS INCOME FOR THE ASSESSMENT YEAR IN WHICH IT IS RECEIVED, IRRESPECTIVE OF THE METHOD OF ACCOUNTING FOLLOWED BY THE ASSESSEE. THUS, IT WAS ARGUED THAT THE PROPOSITIONS LAID DOWN IN THE CASE OF RAMA BAI VS. CIT (SUPRA) HAS BEEN APPLIED BY MISTAKE TO THIS CASE, AS IT IS NO MORE GOOD LAW, POST AMENDMENT TO THE ACT, AND THAT THIS APPARENT MISTAKE IN THE ORDER SHOULD BE RECTIFIED. 2. AFTER HEARING THE LD. D/R, I FIND THAT THE ASSESSMENT ORDER IN QUESTION IS FOR THE ASSESSMENT YEAR 2006-07. THE AMENDMENT IN QUESTION IS BROUGHT INTO THE STATUTE W.E.F. 01/04/2010 AND WOULD APPLY IN RELATION TO ASSESSMENT YEAR 2010- 11. HENCE, WE DO NOT FIND ANY MISTAKE IN THE ORDER OF THE TRIBUNAL AS ALLEGED BY THE REVENUE. 2 M.A. NO. 52/KOL/2019 (A/O. ITA NO. 1778/KOL/2017) ASSESSMENT YEAR: 2006-07 TARUN KANTI ROY 3. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. KOLKATA, THE 10 TH DAY OF MAY, 2019. SD/- [ J. SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED :10.05.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. TARUN KANTI ROY RAMLAL BOSE LANE RADHANAGAR BURDWAN 713 101 2. INCOME TAX OFFICER, WARD-2(4), BURDWAN 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES