DCIT, Central Circle-XXI, Kolkata, Kolkata V. M/s. Bose Estate Pvt. Ltd., Kolkata

MA 76/KOL/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6299 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-02-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 11-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE
• Assessee Lawyers: M SATNALIWALA
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM & SHRI M.BA LAGANESH, AM] M.A.NO.76/KOL/2017 (A/O I.T.A NO.1606/KOL/2014 ) ASSESSMENT YEAR : 2006-0 7 D.C.I.T., CENTRAL CIRCLE-XXI, -VS.- M/S. BO SE ESTATE PVT.LTD. KOLKATA KOLKATA [PAN : AABCB 1204 H] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI ARINDAM BHATTACHARJE E, ADDL. CIT FOR THE RESPONDENT : SHRI.M.SATNALIWALA, FCA DATE OF HEARING : 02.02.2018. DATE OF PRONOUNCEMENT : 02.02.2018. ORDER PER N.V.VASUDEVAN, JM THIS IS A MISCELLANEOUS APPLICATION FILED BY THE R EVENUE U/S 254 (2) OF THE INCOME TAX ACT, 1961 (ACT) PRAYING FOR RECALLING TH E ORDER DATED 27.11.2014 PASSED BY THIS TRIBUNAL WHEREBY THE APPEAL OF THE REVENUE WAS DISMISSED ON THE GROUND THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.4 LAKHS AND THE APPEAL WAS FILED CONTRARY TO THE CBDT CIRCULAR NO.5/2014 DATED 10.07.2014. 2. IN THE MISCELLANEOUS APPLICATION THE REVENUE HA S POINTED OUT THAT THERE WAS A REVENUE AUDIT OBJECTION WHICH WAS ACCEPTED BY THE R EVENUE AND THEREFORE THE FILING OF THE APPEAL BEFORE THE TRIBUNAL IS NOT CONTRARY TO T HE CBDT CIRCULAR AND IT WOULD FALL WITHIN THE EXCEPTIONS CONTEMPLATED IN THE CIRCULAR WHICH SAYS THAT WHERE THERE IS A REVENUE AUDIT OBJECTION IN A CASE WHICH HAS BEEN AC CEPTED BY THE DEPARTMENT THEN NOTWITHSTANDING THE TAX EFFECT BEING LESS THAN THE LIMITS LAID DOWN IN CBDT CIRCULAR THE APPEALS CAN BE FILED. A COPY OF THE AUDIT OBJECTIO N WAS ALSO FILED BEFORE US WHICH IS 2 M.A.NO.76KOL/2017 (A/O ITA NO.1606/KOL/2014) M/S. BOSE ESTATE PVT. LTD. A.YR..2006-07 2 PLACED ON RECORD. CONSIDERING THE MATERIAL ON RECOR D WE ARE SATISFIED THAT THERE WAS A MISTAKE APPARENT ON THE FACE OF THE ORDER OF THE TR IBUNAL DATED 27.11.2014. THE ORDER DATED 27.11.2014 IS ACCORDINGLY RECALLED AND THE AP PEAL IS DIRECTED TO BE FIXED FOR HEARING AFRESH. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN DUE COURSE AFTER ISSUING NOTICE TO THE PARTIES. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION OF T HE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 02.02.2018. SD/- SD/- [M.BALAGANESH] [ N.V.VASUDEVAN ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 02.02.2018. [RG SR.PS] COPY OF THE ORDER FORWARDED TO: 1.M/S BOSE ESTATE PVT. LTD., 19, CAMAC STREET, KOL KATA-700017. 2. D.C.I.T., CENTRAL CIRCLE-XXI, KOLKATA. 3. C.I.T.(A)-CENTRAL-II, KOLKATA. 4. C.I.T. - CENTRAL-II, KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PR IVATE SECRETARY HEAD OF OFFICE/D.D.O., I.T.A.T., KOLKATA BENCHE S 3 M.A.NO.76KOL/2017 (A/O ITA NO.1606/KOL/2014) M/S. BOSE ESTATE PVT. LTD. A.YR..2006-07 3