ACIT, Central Circle-1(2), Kolkata, Kolkata V. M/s Fort Project Pvt.Ltd, Kolkata

MA 53/KOL/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9890 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 06-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOWDHURY
• Assessee Lawyers: S M SURANA
• Keywords: Tax effect
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C, BENC H KOLKATA BEFORE SHRI S.S. GODARA, JM &DR. A.L.SAINI, AM M.A. NO.53/KOL/2019 (ARISING OUT OF ./ITA NO.2247/KOL/2016) ( / ASSESSMENT YEAR: 2010-11) ACIT, CC-1(2), KOLKATA VS. M/S FORT PROJECTS PVT. LTD. 7/1A, HAZRA ROAD, KOLKATA-700026 ./ ./PAN/GIR NO.: AAACF 3620 N (ASSESSEE) .. (REVENUE) ASSESSEE BY : SHRI ROBIN CHOWDHURY, ADDL. CIT RESPONDENT BY : SHRI S. M. SURANA, ADVOCATE / DATE OF HEARING : 20/09/2019 /DATE OF PRONOUNCEMENT : 25/09/2019 / O R D E R PER DR. A. L. SAINI: THIS IS A MISCELLANEOUS APPLICATION FILED BY THE R EVENUE PRAYING TO RECALL THE ORDER OF THE TRIBUNAL DATED 04/09/2018. 2. THE CASE OF THE REVENUE IN THIS MA IS THAT TAX E FFECT INVOLVED IN THIS APPEAL IS RS. 22,57,020/- WHICH IS MORE THAN PRESCRIBED LIMIT LAID DOWN BY CBDT. THEREFORE, ORDER SHOULD BE RECALLED. 3. WHEREAS, THE LD. COUNSEL FOR THE ASSESSEE SUBMIT TED BEFORE US THAT AS PER SECTION 115JB, THE TOTAL TAX LIABILITY COMES TO RS. 11,62,3 65/- WHICH IS BELOW RS. 20,00,000/- THEREFORE, ORDER IS NOT ERRONEOUS AND I T SHOULD NOT BE RECALLED. THE ASSESSEE SUBMITTED THE CALCULATION OF TAX EFFECT AS FOLLOWS: TAX EFFECT U/S 115JB DISPUTED ADDITION U/S 115JB RS. 75,23,401/- TAX @ 15% RS. 11,28,510/- CESS 3% RS. 33,855/- TAX EFFECT RS. 11,62,365/- M/S FORT PROJECT PVT. LTD. MA NO. 53/KOL/2019 (ARISING OUT OF I.T.A. NO. 2247/KOL/2016) ASSESSMENT YEAR:2010-11 PAGE | 2 4. HAVING GONE THROUGH THE ABOVE COMPUTATION OF TAX EFFECT, WE ARE OF THE VIEW THAT TAX EFFECT IS LESS THAN RS. 20,00,000/- THERE FORE ORDER PASSED BY THE TRIBUNAL DOES NOT CONTAIN ANY APPARENT MISTAKE. THEREFORE, W E DISMISS THE MA OF THE REVENUE. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 25.09.20 19. SD/- ( S.S. GODARA ) SD/- (A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / DATE: 25/09/2019 ( SB, SR.PS ) COPY OF THE ORDER FORWARDED TO: 1. ACIT, CENTRAL CIRCLE-1(2), KOLKATA 2. M/S FORT PROJECT PVT. LTD. 3. C.I.T(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 6. GUARD FILE. TRUE COPY BY ORDER ASSIST ANT REGISTRAR ITAT, KOLKA TA BENCHES