ITO, Ward-1(3), Bhubaneswar V. Om Sri Nilamadhab Builders Pvt. Ltd., Bhubaneswar

MA 6/CTK/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3177 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-08-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 18-08-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 29-03-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 40(a)(ia)

Judgement Text

आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI GEORGE MATHAN, JM & SHRI ARUN KHODPIA, AM Miscellaneous Application No.06/CTK/2021 (Arising out of IT A No.296/CT K/2018) (नििाारण वषा / AY. :2014-2015) ITO, Ward-1(3), Bhubaneswar Vs M/s Om Sri Nilamadhaba Builders Private Limited, Plot No.228, Bapuji Nagar, Bhubaneswar PAN No. : AABCO 2822 N (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से /Revenue by : Shri S.C.Mohanty, Sr. DR ननधााररती की ओर से /Assessee by : Shri S.K.Agrawalla, CA स ु नवाई की तारीख / Date of Hearing : 19/08/2022 घोषणा की तारीख/Date of Pronouncement : 19/08/2022 आदेश / O R D E R Per Arun Khodpia, AM: This miscellaneous application is filed by the revenue against the order of the Tribunal passed in ITA No.296/CTK/2018, dated 26.11.2019. 2. It was the submission of the ld. Sr. DR that the Tribunal has directed to restrict the disallowance from 100% to 30% in respect of the disallowance made u/s.40(a)(ia) of the Act. It was the submission that in view of the decision of the Hon’ble Supreme Court in the case of Shree Choudhury Transport Company, 426 ITR 289 (SC), it is to be held that amendment brought by the Finance Act, 2014 w.e.f. 01.04.2015 to the provisions of Section 40(a)(ia) of the Act is prospective in operation. It was submitted that the order of the Tribunal may be recalled and be MA No.06/CTK/2021 2 adjudicated in the light of the judgment of the Hon’ble Supreme Court in the case of Shree Choudhury Transport Company (supra). Further, the ld. Sr. DR has placed before us the decision of the coordinate bench of the Tribunal in the case of Kendrapara Urban Co-operative Bank Ltd. in M.A.No.39/CTK/2021, order dated 08.07.2022, wherein on identical ground the order of the Tribunal has been recalled and the appeal has been posted for hearing. 3. In reply, ld. AR of the assessee submitted that the Hon’ble Supreme Court in the case of Shree Choudhury Transport Company, cited by the ld. Sr. DR, has nowhere held that the amendment brought by the Finance Act, 2014 w.e.f.01.04.2015 was not retrospective in nature. It was the submission that there is no specific finding by the Hon’ble Supreme Court in respect of retrospectivity or prospectivity of a particular amendment, the same should not be considered as to give rise to a mistake apparent from the record in respect of the order of the Tribunal. 4. We have considered rival submissions. As the ground taken by the revenue is now squarely covered by the decision of the coordinate bench of the Tribunal in the case of Kendrapara Urban Co-operative Bank Ltd. (supra) on identical reasons, therefore, the order of the Tribunal dated 26.11.2019 stands recalled and appeal is posted for hearing on 14.11.2022. No notice is required to be issued to either of the parties as the date of hearing of the appeal is pronounced in the open court. MA No.06/CTK/2021 3 5. In the result, miscellaneous application filed by the revenue is allowed. Order pronounced and dictated in the open court on 19/08/2022. Sd/- (GEORGE MATHAN) Sd/- (ARUN KHODPIA) न्यानयक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER कटक Cuttack; ददनाांक Dated 19/08/2022 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : आदेशाि ु सार/ BY ORDER, (Assistant Registrar) आयकर अपीऱीय अधिकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- ITO, Ward-1(3), Bhubaneswar 2. प्रत्यथी / The Respondent- M/s Om Sri Nilamadhaba Builders Private Limited, Plot No.228, Bapuji Nagar, Bhubaneswar 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. ववभागीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ा पाईऱ / Guard file. सत्यावऩत प्रनत //True Copy//