United Bank of India, Kolkata V. ACIT, Cir-6, Kolkata, Kolkata

MA 55/KOL/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5722 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-07-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 12-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM & SHRI J.SU DHAKAR REDDY, AM] M.A.NO.55 /KOL/2017 (A/O I.T.A NO. 1178/ KOL/2007) ASSESSMENT YEAR : 2003-0 4 UNITED BANK OF INDIA -VS- A.C.I.T., CIRCLE-6, KOLKATA. KOLKATA [PAN : AAACU 5624 P] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI SOUMITRA CHOU DHURY, ADVOCATE FOR THE RESPONDENT : SHRI.ARINDAM BHATTACHARJ EE, JCIT, SR.DR DATE OF HEARING : 28.07.2017. DATE OF PRONOUNCEMENT : 28.07.2017. ORDER PER N.V.VASUDEVAN, JM THIS IS A MISCELLANEOUS APPLICATION FILED BY THE A SSESSEE U/S 254 (2) OF THE INCOME TAX ACT, 1961 (ACT), PRAYING FOR RECALLING THE ORDER DATED 19.06.2013 PASSED BY THIS TRIBUNAL. IN SO FAR AS THE APPEAL OF THE AS SESSEE FOR A.Y.2003-04 IN ITA NO.1178/KOL/2007 IS CONCERNED FOR THE LIMITED PURPO SE OF ADJUDICATING THE ADDITIONAL GROUND WHICH WAS FILED BY THE ASSESSEE BEFORE THE T RIBUNAL, IT WAS INADVERTENTLY NOT ADJUDICATED BY THE TRIBUNAL. 2. IT HAS BEEN POINTED OUT IN THE MISCELLANEOUS APPLICATION THAT IN ITA NO.1178/KOL/2007 FOR A.Y.2003-04 THE ASSESSEE HAD F ILED AN APPLICATION FOR ADMISSION OF THE FOLLOWING ADDITIONAL GROUND : 1. FOR THAT ON THE FACTS OF THE CASE, COMPUTATION OF BOOK PROFIT U/S 115JB IS NOT APPLICABLE TO THE ASSESSEE BANK, THEREFORE, THE WH OLE COMPUTATION U/S 115JB IS COMPLETELY ARBITRARY, UNJUSTIFIED AND ILLEGAL. 2 M.A.NO.55/KOL/2017 A/O ITA NO.1178/KOL/2007 UNITED BANK OF INDIA A.YR..2003-04 2 3. WE HAVE PERUSED THE ORDER OF THE TRIBUNAL AND THE RECORDS. WE FIND THAT THE ASSESSE HAD FILED AN APPLICATION FOR ADMISSION OF AN ADDITI ONAL GROUND AS SET OUT IN THE MISCELLANEOUS APPLICATION. BUT THE SAME HAS NOT BEE N ADJUDICATED BY THE TRIBUNAL IN ITS ORDER DATED 19.06.2013. THE ORDER OF THE TRIBUNAL T HEREFORE SUFFERS FROM AN ERROR APPARENT IN THE FACE OF THE RECORD. THE ORDER OF TH E TRIBUNAL DATED 19.06.2013 IN SO FAR AS IT RELATES TO ITA NO.1178/KOL/2007 FOR A.Y.2003- 04 IS RECALLED FOR A LIMITED PURPOSE OF ADJUDICATING THE ADMISSIBILITY AS WELL AS MERITS OF THE ADDITIONAL GROUND. THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING IN DUE COUR SE AFTER SERVING NOTICE TO THE PARTIES. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 28.07.2017. SD/- SD/- [J.SUDHAKAR REDDY] [ N.V.VASUDEV AN ] ACCOUNTANT MEMBER JUD ICIAL MEMBER DATED : 28.07.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1. UNITED BANK OF INDIA, 16, OLD COURT HOUSE STREET , KOLKATA-700001. 2. A.C.I.T., CIRCLE-6, KOLKATA. 3. CIT(A)-VI, KOLKATA. 4. CIT-II, KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PR IVATE SECRETARY HEAD OF OFFICE/D.D.O., I.T.A.T., KOLKATA BENCHE S 3 M.A.NO.55/KOL/2017 A/O ITA NO.1178/KOL/2007 UNITED BANK OF INDIA A.YR..2003-04 3