DCIT, Circle - 3(1), , Kolkata V. M/s. MSL Industries Limited , Kolkata

MA 65/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7847 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-08-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 1997-1998
• Appeal Filed On: 03-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

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. 65/KOL/2020 (A/O. ITA NOS. 2446 /KOL/2019) ASSESSMENT YEAR: 1997-98 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), KOLKATA..................................................APPELLANT VS. M/S. MSL INDUSTRIES LIMITED...........................................................................................RESPONDENT P-22, SWALLOW LANE KOLKATA WEST BENGAL 700 001 [PAN: AACCM 0109 M] APPEARANCES BY: SHRI SUPRIYO PAL, ADDL. CIT (SR. D/R) APPEARING ON BEHALF OF THE REVENUE. SHRI AKKAL DUDHEWALA, FCA, APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : AUGUST 14 TH , 2020 DATE OF PRONOUNCING THE ORDER : AUGUST 19 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- THE REVENUE HAS FILED THIS MISCELLANEOUS APPLICATION STATING THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THIS TRIBUNAL DT. 10/01/2020 DISMISSING THE APPEAL OF THE REVENUE AS THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50,00,000/-, THOUGH THERE WAS A REVENUE AUDIT OBJECTION BASED ON WHICH THE REVENUE APPEAL WAS FILED. THE LD. COUNSEL RAISED NO OBJECTION TO THIS CONTENTION OF THE LD. D/R. 2. WE FIND THAT THERE WAS REVENUE AUDIT OBJECTION RAISED IN THIS CASE BASED ON WHICH THIS APPEAL HAS BEEN FILED. THE TRIBUNAL SHOULD NOT HAVE DISMISSED THIS CASE AS WITHDRAWN BY APPLYING THE CIRCULAR CBDT CIRCULAR NO. 17/2019, DT. 08/08/2019 AS THE REVENUES APPEAL IS COVERED BY THE EXCEPTIONS CARVED OUT AT PARA 10(C) OF CBDT CIRCULAR NO. 03/2018 DATED 11 TH JULY, 2018. 3. IN VIEW OF THE ABOVE DISCUSSION WE RECTIFY THE IMPUGNED ORDER DT. 10/01/2020 BY RECALLING THE ORDER AND RESTORING THE APPEAL OF THE REVENUE. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR HEARING IN REGULAR COURSE AFTER ISSUING NOTICES TO BOTH THE PARTIES. 4. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. KOLKATA, THE 19 TH DAY OF AUGUST, 2020. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 19.08.2020 {SC SPS} 2 M.A. NO. 65/KOL/2020 (A/O. ITA NOS. 2446 /KOL/2019) ASSESSMENT YEAR: 1997-98 M/S. MSL INDUSTRIES LIMITED COPY OF THE ORDER FORWARDED TO: 1. M/S. MSL INDUSTRIES LIMITED P-22, SWALLOW LANE KOLKATA WEST BENGAL 700 001 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