ACIT, CIR-30, KOLKATA, Kolkata V. Supriti Das Gupta, Kolkata

MA 61/KOL/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5803 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-09-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 03-02-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 11-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Assessee Lawyers: D S DAMLE
• Keywords: Audit objection; Assessment record; Tax effect; Reassessment proceedings

Judgement Text

M.A.NO.61/KOL/2016 A/O ITA NO.1607/KOL/2014 SUPRITI DAS GUPTA A.Y. 2006-07 1 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM & SHRI M.BALA GANESH, AM ] M.A.NO. 61/KOL/2016 (A/O I. T.A NO. 1607/KOL/2014 ) ASS ESSMENT YEAR : 2006-07 A.C.I.T., CIRCLE-30, -VS.- SUPRITI DAS GU PTA KOLKATA. KOLKATA [PAN : ACYPD 1437 E] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI SAURABH KUMAR , ADDL. CIT(DR) FOR THE RESPONDENT : SHRI D.S.DAMLE, FCA DATE OF HEARING : 08.09.2017 . DATE OF PRONOUNCEMENT : 08.09.2017. ORDER PER N.V.VASUDEVAN, JM THE REVENUE HAS FILED THE AFORESAID APPLICATION U/S .254(2) OF THE INCOME TAX ACT, 1961 (ACT) PRAYING FOR AN ORDER RECALLING THE ORDER DATED 9.7.2015 PASSED BY THE TRIBUNAL DISMISSING THE APPEAL OF THE REVENUE ON TH E GROUND THAT THE TAX EFFECT INVOLVED IN THE APPEAL OF THE REVENUE WAS LESS THAN RS.4 LACS AND THEREFORE IN THE LIGHT OF THE CBDT INSTRUCTION NO.5/2014 DATED 10.7.2014 W HICH PROVIDES THAT THE TAX EFFECT FOR APPEALS TO BE FILED BEFORE TRIBUNAL SHOULD BE R S.4 LACS AND ABOVE, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE BEING CONTRARY TO THE C BDT INSTRUCTION. 2. IN THIS MA, THE REVENUE HAS PUT FORTH A PLE A THAT THERE WAS A REVENUE AUDIT OBJECTION WHICH WAS ACCEPTED BY THE AO AND THEREFOR E THE PRESENT APPEAL FILED BY THE REVENUE FALLS WITHIN THE EXCEPTION CARVED OUT IN TH E CBDT INSTRUCTION REFERRED TO ABOVE AND THEREFORE EVEN THOUGH THE TAX EFFECT IS L ESS THAN RS.4 LACS, THE APPEAL OF THE REVENUE IS MAINTAINABLE. THE REVENUE HAS PRAYED FO R RECALLING THE ORDER DATED 9.7.2015 THROUGH THIS MA. M.A.NO.61/KOL/2016 A/O ITA NO.1607/KOL/2014 SUPRITI DAS GUPTA A.Y. 2006-07 2 3. AT THE TIME OF HEARING THE ASSESSMENT RECORDS WERE PRODUCED. ON A PERUSAL OF THE ASSESSMENT RECORDS WE FIND THAT THERE WAS A REVENUE AUDIT OBJECTION AND BASED ON THE SAME, REASSESSMENT PROCEEDINGS U/S.147 WERE INITIAT ED. THUS THE CONTENTION IN THE MA IS FOUND TO BE CORRECT. 4. THE ORDER DATED 9.7.2015 IS THEREFORE RECALL ED FOR ADJUDICATION ON MERITS. THE APPEAL IS FIXED FOR HEARING ON 16.11.2017. THE DAT E OF HEARING WAS ANNOUNCED IN OPEN COURT AND IT WAS ALSO INFORMED THAT NO SEPARATE NOT ICE OF HEARING WILL BE SENT TO THE PARTIES. 5. IN THE RESULT, THE MA IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 08.09.2017. SD/- SD/- [M.BALAGANESH] [ N.V.VASU DEVAN ] ACCOUNTANT MEMBER JUDICI AL MEMBER DATED : 08.09.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1. SUPRITI DAS GUPTA, 18/64, DOVER LANE, KOLKATA-70 0029. 2. A.C.I.T., CIRCLE-30, KOLKATA. 3. C.I.T.(A)- XIV, KOLKATA. 4. C.I.T.- X, KOLKA TA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFIC E/D.D.O., ITAT KOLKATA BENCHES