ACIT, Circle-10(2), Kolkata, Kolkata V. M/s Pilot Consultants Ltd., Kolkata

MA 54/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5330 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 07-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

1 MA NO. 54/KOL/2019 PILOT CONSULTANTS LTD., AY- 200 7-08 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] MA NO. 54/KOL/2019 IN I.T.A. NO. 1493/KOL/2016 ASSESSMENT YEAR: 2007-08 ASSISTANT COMMISSIONER OF INCOME- TAX,CIRCLE-10(2), KOLKATA. VS. M/S. PILOT CONSULTANTS LTD. (PAN: AABCP6293N) APPLICANT RESPONDENT DATE OF HEARING 09.08.2019 DATE OF PRONOUNCEMENT 21.08.2019 FOR THE APPLICANT SHRI BAIJ NATH SINGH, JCIT, SR. D R FOR THE RESPONDENT SHRI SUBASH AGARWAL, ADVOCATE ORDER PER SHRI A.T.VARKEY, JM THIS MISC. APPLICATION HAS BEEN FILED BY THE REVENU E AGAINST THE ORDER OF TRIBUNAL DATED 31.07.2018 PASSED IN ITA NO. 1493/KOL/2016 F OR AY 2007-08 BEING LOW TAX EFFECT APPEAL. 2. THE TRIBUNAL PASSED ORDER IN ITA NO. 1493/KOL/20 16 ON 31.07.2018, HOWEVER, IT WAS DISPATCHED ON 17.09.2018, THEREFORE, THE LD. AR FAI RLY ACCEPTED THE FACT THAT THE REVENUES MISC. APPLICATION IS WELL WITHIN THE TIME AND FALLS UNDER THE EXCEPTION OF PARA 10(E) OF THE CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018. 3. AT THE OUTSET ITSELF, THE LD. DR SUBMITTED TH AT VIDE ORDER DATED 31.07.2018, THE TRIBUNAL DISMISSED THE APPEAL OF THE REVENUE IN ITA NO. 1493/KOL/2016 FOR AY 2007-08 IN TERMS OF LOW TAX EFFECT. ACCORDING TO LD. DR, THE INSTANT CASE FALLS UNDER THE EXCEPTION OF AUDIT OBJECTION IN TERMS OF PARA 10(E) OF THE CIRCU LAR NO. 3 OF 2018 ISSUED BY THE CBDT DATED 11.07.2018. IN SUPPORT OF ITS CLAIM, THE LD. DR HAS PROVIDED THE COPY OF THE AUDIT OBJECTION WHICH IS PLACED ON RECORD. SO, HE URGED B EFORE THE BENCH TO RECALL THE TRIBUNALS ORDER PASSED ON 31.07.2018 BEING DISMISSED AS LOW T AX EFFECT. 2 MA NO. 54/KOL/2019 PILOT CONSULTANTS LTD., AY- 200 7-08 4. FROM THE ABOVE, WE FIND THAT THE INSTANT CASE FA LLS UNDER THE EXCEPTION AS PROVIDED IN PARA 10(E) OF THE CIRCULAR NO. 3 OF 2018 ISSUED BY THE CBDT DATED 11.07.2018. THEREFORE, THE MONETARY LIMIT AS SPECIFIED FOR FILING THE APPE AL BY THE REVENUE IN PRESENT CASE DOES NOT APPLY. HENCE, WE RECALL THE IMPUGNED ORDER PASSED BY THIS TRIBUNAL DATED 31.07.2018 AND THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE C OURSE. 5. IN THE RESULT, MISC. APPLICATION OF REVENUE IS A LLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 21ST AUGUS T, 2019. SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 21ST AUGUST, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ACIT, CIRCLE-10(2), KOLKATA. 2 RESPONDENT M/S. PILOT CONSULTANTS LTD.,13, MAHE NDRA ROAD, KOLKATA- 700 025. 3. 4. CIT(A)-12 , KOLKATA (SENT THROUGH E-MAIL) CIT- , KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR