D.C.I.T.-Circle-9, Kolkata, Kolkata V. M/s V.I.T.Buildcon (P) Ltd., Kolkata

MA 68/KOL/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2368 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-09-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 24-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DAVID Z CHAWNGTHU
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

1 M.A. NO. 68/KOL/2013 (ARISING OUT OF ITA NO. 2163/KOL/2010) ASSESSMENT YEAR : 2002-2003 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER M.A. NO. 68/KOL/2013 (ARISING OUT OF I.T.A. NO. 2163/KOL/2010) ASSESSMENT YEAR : 2002-2003 DEPUTY COMMISSIONER OF INCOME TAX,................. .....PETITIONER CIRCLE-9, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, 5 TH FLOOR, ROOM NO. 22, KOLKATA-700 069 -VS.- M/S. V.I.P. BUILDCON (P) LTD.,..................... ................RESPONDENT 144A, J.L. BAJAJ STREET, KOLKATA-700 007 [PAN : AAACV 8861 D] APPEARANCES BY: SHRI DAVID Z. CHAWNGTHU, ADDL. CIT, SR. D.R., FOR THE DEPARTMENT N O N E, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : SEPTEMBER 19, 201 4 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 19, 2014 O R D E R PER SHRI GEORGE MATHAN, JUDICIAL MEMBER : THIS IS A MISCELLANEOUS APPLICATION FILED BY THE R EVENUE AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO. 2163/KOL/2010 DATE D 17.10.2012 FOR THE ASSESSMENT YEAR 2002-03. 2. NONE REPRESENTED ON BEHALF OF THE ASSESSEE AND S HRI DAVID Z. CHAWNGTHU, ADDL. CIT (SR. D.R.), REPRESENTED ON BEH ALF OF THE REVENUE. 3. IT WAS SUBMITTED BY THE LD. SR. D.R. THAT THE IS SUE IN THE MISCELLANEOUS APPLICATION WAS AGAINST THE DISMISSAL OF THE REVENUES APPEAL ON THE GROUND THAT THE TAX EFFECT WAS BELOW RS.3 LAKHS. IT WAS THE SUBMISSION THAT THE INSTRUCTION NO. 5 OF 2008 WAS N OT APPLICABLE IN THE ASSESSEES CASE WHICH PRESCRIBED TAX EFFECT AT RS.2 LAKHS AND NOT INSTRUCTION NO. 3 OF 2011 WHERE THE TAX EFFECT WAS PRESCRIBED AT RS.3 2 M.A. NO. 68/KOL/2013 (ARISING OUT OF ITA NO. 2163/KOL/2010) ASSESSMENT YEAR : 2002-2003 LAKHS. IT WAS THE SUBMISSION THAT TAX EFFECT IN THE PRESENT CASE BEING RS.2,28,166/- AND THE APPEAL HAVING BEEN FILED IN 2 010. THE INSTRUCTION NO. 5 OF 2008 WAS APPLICABLE AND NOT INSTRUCTION NO . 3 OF 2011. IT WAS THE SUBMISSION THAT THE ORDER OF THE TRIBUNAL MAY BE RE CALLED. 4. WE HAVE CONSIDERED THE SUBMISSIONS. THE TAX EFFE CT IN RESPECT OF AN APPEAL AS ON THE DATE OF DISPOSAL OF THE APPEAL IS TO BE CONSIDERED, AND NOT THE TAX EFFECT AS ON THE DATE OF FILING OF THE APPEAL ALONE. AS TAX EFFECT IN RESPECT OF THE APPEAL AS ON THE DATE OF DISPOSAL OF THE APPEAL WAS BELOW RS.3 LAKHS, THE TRIBUNAL HAS DISMISSED THE REVENUE S APPEAL. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THERE IS NO MISTAKE APPARENT FROM THE RECORD, WHICH CALLS FOR ANY INTERFERENCE. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH DAY OF SEPTEMBER, 2014. SD/- SD/- SHAMIM YAHYA GEORGE MATHAN (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, THE 19 TH DAY OF SEPTEMBER, 2014 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-9, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, 5 TH FLOOR, ROOM NO. 22, KOLKATA-700 069 2) M/S. V.I.P. BUILDCON (P) LTD., 144A, J.L. BAJAJ STREET, KOLKATA-700 007 (3) CIT (4) CIT(A) (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.