M/s. Shelter Infra Projects Ltd., Kolkata V. DCIT, Circle - 10, Kolkata, Kolkata

MA 58/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6767 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-06-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 27-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR CIT SR DR R
• Assessee Lawyers: P C NAYAK; K K KHEMKA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER] M.A. NO. 58/KOL/2018 A/O I.T.A. NO. 1657/KOL/2014 ASSESSMENT YEAR: 2007-08 M/S. SHELTER INFRA PROJECTS LTD......APPELLANT DN-1, SALT LAKE SECTOR-V KOLKATA -91 [PAN : AABCC 2304 F] DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-10, KOLKATA..RESPONDENT APPEARANCES BY: SHRI P.C. NAYAK & K.K. KHEMKA, AR, APPEARED ON BEHALF OF THE ASSESSEE. SHRI SAURABH KUMAR, ADDL. CIT. SR. DR., APPEARING ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : MAY 4 TH , 2018 DATE OF PRONOUNCING THE ORDER : JUNE 27 TH , 2018 O R D E R PER J. SUDHAKAR REDDY :- BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DT. 14/03/2018. THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THE APPEAL WAS DECIDED IN FAVOUR OF THE DEPARTMENT, ON THE BASIS OF PROVISION TO SECTION 199(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT) AND RULE 37 BA(3)(11) OF THE INCOME TAX RULES, 1962 (HEREINAFTER THE RULES), WHICH WAS APPLICABLE ONLY FROM 01/04/2008 AND WHEREAS THE ASSESSMENT YEAR INVOLVED WAS 2007-08. IT WAS PLEADED THAT THE JUDGEMENT OF THE HONBLE KARNATAKA HIGH COURT IN THE CASE OF CIT VS. M/S. ELSAMEX TWS SNC JV IN ITA NO. 819/2007 C/W ITA NO. 9/2009 , WHICH WAS CITED BY THE ASSESSEE WAS NOT CONSIDERED. IT WAS SUBMITTED THAT THE PROVISIONS OF SECTION 199 OF THE ACT, AS IT WAS THEN, WAS SUBSEQUENTLY SHIFTED AND THE SAME CONDITIONS WERE PLACED IN RULE 37 BA(3)(I) & (II) OF THE RULES AND HENCE THE JUDGMENTS OF THE HONBLE 2 M.A. NO. 58/KOL/2018 A/O I.T.A. NO. 1657/KOL/2014 ASSESSMENT YEAR: 2007-08 M/S. SHELTER INFRA PROJECTS LTD KARNATAKA HIGH COURT IN THE CASE OF M/S. ELSAMES TWS SNC JV (SUPRA) IS STILL APPLICABLE. 2. THE LD. D/R, SUBMITTED THAT THE JUDGMENT IN THE CASE OF M/S. ELSAMES TWS SNC JV (SUPRA) PERTAINS TO THE LAW AS IT EXISTED FOR THE ASSESSMENT YEAR 2002-03 AND THAT THE ACT AND RULES HAVE CHANGED SINCE THEN AND THAT THIS JUDGMENT IS NOT APPLICABLE FOR THE ASSESSMENT YEAR 2007-08. 3. AFTER HEARING RIVAL SUBMISSIONS, WE FIND THAT THE INCOME TAX ACT AND RULES HAVE UNDERGONE A CHANGE AFTER THE YEAR 2002-03. THE ACT AND RULES RECOGNISE THE RIGHT OF THE ASSESSEE TO CLAIM CREDIT OF THE TAX DEDUCTED AT SOURCE ON THOSE RECEIPTS, IN THE YEAR IN WHICH THEY ARE OFFERED TO TAX. HENCE WE DISMISS THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE AS IN OUR VIEW NO MISTAKE APPARENT ON RECORD AS CREPT INTO THE ORDER OF THE TRIBUNAL AND ALSO AS THE ARGUMENTS ADVANCED BY THE COUNSEL IN THIS CASE POINTS OUT THAT THE ISSUE IS A DEBATABLE ONE AND NOT AN APPARENT MISTAKE WHICH CAN BE RECTIFIED U/S 251(2) OF THE ACT. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISMISSED. KOLKATA, THE 27 TH DAY OF JUNE, 2018. SD/- SD/- [S.S. VISWANETHRA RAVI] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 27.06.2018 {SC SPS} 3 M.A. NO. 58/KOL/2018 A/O I.T.A. NO. 1657/KOL/2014 ASSESSMENT YEAR: 2007-08 M/S. SHELTER INFRA PROJECTS LTD COPY OF THE ORDER FORWARDED TO: 1. M/S. SHELTER INFRA PROJECTS LTD DN-1, SALT LAKE SECTOR-V KOLKATA -91 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-10, KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES