DCIT, Circle-3(1), Kolkata, Kolkata V. Shri Punit Jatia, Kolkata

MA 63/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7750 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-07-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 02-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SHRI ABY T. VARKEY, HONBLE JUDICIAL MEMBER] M.A. NO. 63/KOL/2020 (A/O. ITA NO. 1298/KOL/2019) ASSESSMENT YEAR: 2012-13 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), KOLKATA...........................................APPELLANT VS. SHRI PUNIT JATIA......................................................................................................RESPONDENT 25, RAJA SANTOSH ROAD GROUND FLOOR ALIPORE KOLKATA 700 027 [PAN: ACLPJ 0397 E] APPEARANCES BY: NONE , APPEARING ON BEHALF OF THE ASSESSEE. SHRI DHRUBAJYOTI ROY, JCIT (SR. D/R) APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 17 TH , 2020 DATE OF PRONOUNCING THE ORDER : JULY 22 ND , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- BY VIRTUE OF THIS MISCELLANEOUS APPLICATION, THE REVENUE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DT. 28/08/2019, AS WHILE DISMISSING THE APPEAL OF THE REVENUE BY APPLYING THE CBDT CIRCULAR NO. 17/2019, DT. 08/08/2019 VIDE F. NO. 279/MISC. 142/2007 ITJ (PT.), AS THE TAX EFFECT WAS BELOW RS.50,00,000/-, THE EXCEPTIONS CARVED OUT IN CBDT CIRCULAR NO. 23/2019 DATED 26/09/2019, WAS NOT CONSIDERED. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HEARD THE LD. D/R. ON CAREFUL CONSIDERATION OF THE ARGUMENTS OF THE LD. D/R, WE FIND THAT THE CIRCULAR BEING REFERRED TO BY THE DEPARTMENT IS DATED SUBSEQUENT TO THE DATE OF THE TRIBUNALS ORDER. WHEN THIS CBDT CIRCULAR NO. 23/2019 DATED 26/09/2019, CARVING EXCEPTIONS WAS NOT PRESENT ON THE DATE OF THE IMPUGNED ORDER PASSED BY THE TRIBUNAL, IT CANNOT BE CONSIDERED THAT A MISTAKE APPARENT ON RECORD AS CREPT IN THE ORDER OF THE TRIBUNAL. HENCE THIS APPLICATION OF THE REVENUE IS DISMISSED. 3. IN THE RESULT, THIS MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. KOLKATA, THE 22 ND DAY OF JULY, 2020. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 22.07.2020 {SC SPS} 2 M.A. NO. 63/KOL/2020 (A/O. ITA NO. 1298/KOL/2019) ASSESSMENT YEAR: 2012-13 SHRI PUNIT JATIA COPY OF THE ORDER FORWARDED TO: 1. SHRI PUNIT JATIA 25, RAJA SANTOSH ROAD GROUND FLOOR ALIPORE KOLKATA 700 027 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES