ITO, WARD-9(1), KOLKATA, Kolkata V. M.L. Debnath & Bros. Holdings (P) Ltd., Kolkata

MA 62/KOL/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3055 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-05-2015
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 26-11-2014
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOLKATA [BEFORE SHRI P. K. BANSAL, AM & S H RI MAHAVIR SINGH, JM] M. A. NO. 62 /KOL /201 4 IN I.T.A NO. 1 8 4 0 / KOL/20 1 2 ASSESSMENT YEAR: 200 5 - 0 6 INCOME TAX OFFICER, WD - 9(1), KOLKATA. VS. M. L. DEBNATH & BROS. HOLDINGS (P) LTD. (PAN: AACCM1136G) DATE OF HEARING : 1 5 .0 5 .201 5 DATE OF PRONOUNCEMENT: 15 .0 5 .201 5 FOR THE A PPLICANT : SHRI K. L. KANAK, JCIT, SR. DR FOR THE RESPONDENT: SHRI SUBASH AGARWAL, ADVOCATE ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE REVENUE HAS REQUESTED THAT THIS CASE DOES NOT FALL UNDER CBDT INSTRUCTION NO. 3/2011 DATED 09.02.2011 AND THERE IS A MISTAKE IN THE ORDER OF TRIBUNAL IN ITA NO. 1840/K/2012 FOR AY 2005 - 06 DATED 23.07.2014. 2. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH THE ORDER OF THE TRIBUNAL. WE FIND THAT THE REVENUE S MISC. APPLICATION IS THAT THIS CASE BELONGS TO EXCEPTIONAL CATEGORY THAT THERE WAS AUDIT OBJECTION IN THIS CASE. WE HAVE GONE THROUGH THE TRIBUNAL S OR DER AND NOTED THAT THE BENCH HAS SPECIFICALLY RAISED A QUERY AND LD. DR COULD NOT POINT OUT THAT THERE IS ANY EXCEPTION AS PROVIDED IN THE CIRCULAR. HENCE, TAKING IT AS A LOW TAX EFFECT CASE, THE APPEAL FILED BY REVENUE WAS DISMISSED. WE FIND THAT NO SUC H PLEA WAS MADE DURING THE COURSE OF HEARING AND HENCE, WE FIND NO MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL, WHICH COULD BE RECTIFIED. MISC. APPLICATION OF THE REVENUE IS DISMISSED. 3 . IN THE RESULT, MISC. APPLICATION OF REVENUE IS DISMISSED. ORD ER IS PRONOUNCED IN THE OPEN COURT . SD/ - SD/ - ( P. K. BANSAL ) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 15 TH MAY , 201 5 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : ITO, WARD - 9(1), KOLKATA. 2 RESPONDENT M. L. DEBNATH & BROS. HOLDINGS (P) LTD., . 2 ND FLOOR, 166, COTTON STREET, KOLKATA - 700 007 3 . THE CIT(A ) , KOLKATA 4. A CIT , KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .