Ranisati Pharmaceuticals , Kolkata V. ITO, Ward - 22(2), Kolkata , Kolkata

MA 59/KOL/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0003 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-06-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 26-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL JCIT LD
• Section: 13

Judgement Text

1 MA NO. 59 /KOL/2020 RANISATI PHARMACEUTICALS IN THE INCOME TAX APPELLATE TRIBUNAL , B (SMC), KOLKATA ( ) . . , ) [BEFORE SHRI A. T. VARKEY, JM ] M .A NO . 59 / KOL /20 20 A/O ITA NO . 1 658 / KOL/2019 AY 20 13 - 14 RANISATI PHARMACEUTICALS PAN: AADFR3157N VS. I.T .O W ARD - 2 2 ( 2 ), KOLKATA APPELLANT RESPONDENT DATE OF HEARING 26 .0 6 . 2019 DATE OF PRONOUNCEMENT 30 .0 6 .2019 FOR THE APPELLANT NONE APPEARED FOR THE RESPONDENT SHRI SUPRIYO PAL, JCIT, LD. SR.DR ORDER PER SHRI A.T. VARKEY, JM TH IS IS A MISCELLANEOUS APPLICATION PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THIS TRIBUNAL PASSED IN ITA NO. 1658 /KOL/2019 FOR THE AY 20 13 - 14 BY ORDER D A T ED 03 - 01 - 2020. 2. BY PREFERRING THIS MISCELLANEOUS APPLICATION , THE ASSESSEE HAS POINTED OUT TH AT IN LINE 12 OF PARA 4 OF THE IMPUGNED ORDER DATED 03 - 01 - 2020 , THE TRIBUNAL MENTIONED THE CHEQUE AMOUNT AS RS. 2.25 LACS WHEREAS THE CHEQUE AMOUNT SHOULD BE READ AS RS. 2.55 LACS (IN PLACE OF RS. 2.25 LACS ) . 3. NONE APPEARED FOR THE ASSESSEE. HOWEVER, A FTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE ( IN SHORT, THE LD. DR) AND AFTER CAREFULLY PERUSING THE RECORDS , I NOTE THAT THAT THE ASSESSEE HAD ISSUED A CHEQUE AMOUNT OF RS. 2.55 LACS TO M/S. RELIANCE LIFE SCIENCE PVT. LTD ON 28 - 03 - 2013. THIS F ACT IN RESPECT OF C HEQUE HAS BEEN SPECIFICALLY STATED IN PARA 3 OF THE IMPUGNED ORDER DATED 03 - 01 - 2020 AS WELL AS IN THE AOS ASSESSMENT ORDER (LAST PARA). IN THE LIGHT OF THE AFORESAID FACTS, I FIND THAT THE 2 MA NO. 59 /KOL/2020 RANISATI PHARMACEUTICALS FIGURES (AMOUNT) MENTIONED IN PARA 4 IN RESPECT OF SAID CHEQUE AS ISSUED TO BE READ AS RS. 2.55 LACS IN PLACE OF RS. 2.25 LACS. THEREFORE, DIRECTION GIVEN BY THIS TRIBUNAL NEEDS TO BE CORRECTED/SHOULD BE READ AS UNDER: SO, THERE IS NO REVENUE IMPACT , WHATSOEVER AND, THEREFORE, THE ADDITION OF RS. 2.25 LA KH IS DIRECTED TO BE DELETED. THE AFORESAID DIRECTION OF THIS TRIBUNAL SHOULD BE READ AS UNDER: - SO, THERE IS NO REVENUE IMPACT, WHATSOEVER AND, THEREFORE, THE ADDITION OF RS. 2.55 LAKH IS DIRECTED TO BE DELETED. 4 . IN THE RESULT, THE MISC. APPLICATIONS FILED BY THE ASSESS E E IS ALLOWED AS MENTIONED ABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 30 - 06 - 2020 SD/ - A.T. VARKEY JUDICIAL MEMBER DATED 30 - 06 - 2020 PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT/ ASSESSEE: RANISAT PHARMACEUTICALS , 85 BENTICK STREET, KOLKATA - 700 001. 2 RESPONDENT/ REVENUE: THE ITO, W - 2 2 ( 2 ), KOLKATA , 168 AJC BOSE RD, KOLKATA - 700 014 . 3. CIT, 4. CIT(A), 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE COPY BY BY ORDER ASSISTANT REGISTRAR ITAT KOLKATA