DCIT, Central Circle - 3(3), , Kolkata V. Shri Gopal Kumar Naredi, Kolkata

MA 55/KOL/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2330 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 13-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 13; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA A BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI ABY T. VARKEY, JUDICIAL MEMBER] M.A. NO. 55/KOL/2020 ARISING OUT OF ITA NO. 2036/KOL/2018 ASSESSMENT YEAR: 2015-16 DCIT, CENTRAL CIRCLE-3(3), KOLKATA.................... APPELLANT VS. SHRI GOPAL KUMAR NAREDI.............................................................................................RESPONDENT [PAN: ABPPN 9553 K] APPEARANCES BY: SMT. RANU BISWAS, ADL. CIT, SR. DR APPEARED ON BEHALF OF THE REVENUE. SH. D.S. DAMLE, AR, APPEARED ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : MARCH 13 TH , 2020 DATE OF PRONOUNCING THE ORDER : MARCH 20 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM : BY THIS MISCELLANEOUS APPLICATION THE REVENUE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DATED 28.08.2019 IN ITA NO. 2036/KOL/2018 FOR AY 2015-16. 2. THE MISCELLANEOUS APPLICATION READS AS FOLLOWS: 'I) IT IS HUMBLY SUBMITTED THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE HON'BLE ITAT ERRED IN REJECTING THE APPEAL OF THE REVENUE MERELY ON TAX EFFECT WITHOUT CONSIDERING THE VITAL FACT THAT THE PROVISIONS OF EXPLANATION 2 OF SUB-CLAUSE (B) OF SUB-SECTION 4 OF SECTION 132B CAME ON STATUTE W.E.F. 01.06.2013 AND DATE OF SEARCH IN THE ASSESSEE'S CASE WAS 20.03.2015, I.E. MUCH AFTER THE EXPLANATION 2 OF SUB-CLAUSE (B) OF SUBSECTION 4 OF SECTION 132B CAME INTO EXISTENCE.' 3. THIS MISCELLANEOUS APPLICATION IS DISMISSED FOR THE REASON THAT, IT IS NOT THE CONTENTION OF THE REVENUE THAT THE REQUIREMENTS OF CBDT CIRCULAR NO. 3/2018 IN F. NO. 279/MISC./142/2007-ITJ(PT.) DATED 11.07.2018 ARE NOT MET. 4. WHEN THE APPEAL OF THE REVENUE HAS BEEN DISMISSED ON THE GROUND THAT THE TAX EFFECT IS BELOW, WHAT WAS DESCRIBED BY THE CBDT IN THE RESPECTIVE CIRCULARS, THE PROVISION OF EXPLANATION 2 OF SUB-CLAUSE (B) OF SUB-SECTION 4 OF SECTION 132B IS OF NO RELEVANCE TO THE GROUNDS ON WHICH THE REVENUE APPEAL IS DISMISSED. 2 M.A. NO. 55/KOL/2020 ARISING OUT OF ITA NO. 2036/KOL/2018 ASSESSMENT YEAR: 2015-16 SHRI GOPAL KUMAR NAREDI. 5. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. KOLKATA, THE 20 TH MARCH, 2020. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 20.03.2020 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. DCIT, CENTRAL CIRCLE-3(3), KOLKATA. 2. SHRI GOPAL KUMAR NAREDI, P-33, CIT ROAD, SCHEME VIM, KOLKATA-700 054. 3. CIT(A)-21, KOLKATA. (SENT THROUGH E-MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES