ITO, Ward-55(1), Kolkata, Kolkata V. M/s Pashupati Traders, Kolkata

MA 61/KOL/2012

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3264 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 1 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-06-2015
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2002-2003
• Appeal Filed On: 14-05-2012
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

M.A NO. 6 1 /KOL/201 2 M/S. P ASHUPATI TRADERS C - JM 1 IN THE INCOME TAX APPELLATE TRIBUNAL : BENCH C : KOLKATA [ BEFORE HON. SHRI MAHAVIR SINGH , J UDICIAL MEMBER & HON. SHRI B.P JAIN , AC COUNTANT MEMBER] MISC. APPLICATION NO . 6 1 /KOL/201 2 [ ARISING OUT OF ITA NO . 1 968 /KOL/201 0 A.Y 200 2 - 03 ] I.T.O WARD 5 5( 1 ), KOLKATA VS. M/S. P ASHUPATI TRADERS PAN: AAHFP 6621M [ APPLICANT ] [RESPONDENT] FOR THE APPLICANT : SHRI SUNIL KUMAR AGARWAL, JCIT/LD.DR FOR THE RESPONDENT : SHRI DIVYA BAID, CA, LD.AR DATE OF HEARING : 1 9 - 06 - 2015 DATE OF PRONOUNCEMENT : 19 - 06 - 2015 O R D E R SHRI MAHAVIR SINGH , JUDICIAL MEMBER : BY WAY OF THIS MISCELLANEOUS APPLICATION THE R EVENUE HAS REQUESTED THE TRIBUNAL TO RECTIFY A MISTAKE APPARENT FROM RECORD IN THE ORDER OF THE TRIBUNAL IN ITA NO . 1968 /KOL/201 0 FOR THE ASSESSMENT YEAR 200 2 - 03 DATED 01/ 02/2012 . 2. WE FIND THAT THIS IS A LOW TAX EFFECT COVERED BY CBDT CIRCULAR/INSTRUC TION NO.3/2001 DATED 09 - 02 - 2014 REGARDING THE ISSUE OF REVENUE AUDIT OBJECTION AND AUDIT OBJECTION. WE FIND FROM THE ORDER OF THE TRIBUNAL THAT A SPECIFIC QUERY WAS R EFERRED TO THE LD.DR DURING THE COURSE OF HEARING , BUT HE COULD NOT POINT OUT ANY EXCEP TION AS PROVIDED IN SAID CIRCULATION/INSTRUCTION OF THE CBDT. HENCE, THE MATTER WAS TAKEN UP FOR HEARING. NOW THE REVENUE CANNOT CONTEND THAT THERE IS A MISTAKE APPARENT FROM RECORD IN THE SAID ORDER OF THE TRIBUNAL. ACCORDINGLY, THE MISC. APPLICATION FI LED BY THE REVENUE IS DISMISSED. M.A NO. 6 1 /KOL/201 2 M/S. P ASHUPATI TRADERS C - JM 2 3. I N THE RESULT, THE MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED IN TERMS OF THE ABOVE . THIS ORDER IS PRONO UNCED IN THE OPEN COURT ON 19/06/2015 SD/ - SD/ - [ B.P. JAIN ] [ MAHAVIR SINGH ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 19/06/2015 **PRADIP SPS COPY OF THE ORDER FORWARDED TO : 1 . APPLICANT: THE I.T.O WARD 5 5 ( 1 ), KOLKATA. 2 . RES PONDENT : M/S. P ASHUPATI TRADERS 43 RAFI AHMED KIDWAI RD, KOL - 16. 3 . THE CIT(A) KOL. 4. THE CIT KOL. 5. DR,ITAT, KOL TRUE COPY BY ORDER ASSISTANT REGISTRAR,ITAT,KOL