Neha Chowdhary, Howrah V. ITO, Ward - 46(3) , Kolkata

MA 76/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7738 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-07-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 19-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISH TIWARI
• Assessee Lawyers: DHRUBAJYOTI RAY
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA (VIRTUAL COURT) BEFORE SH. S.S.GODARA, JUDICIAL MEMBER MA NOS. 76 & 77/KOL/2020 ALONG WITH ITA NOS. 1790 & 1791/KOL/2019 [ASSESSMENT YEARS: 2014-15 & 2015-16] NEHA CHOWDHARY, 295, G.T. ROAD, BELUR, HOWRAH-711 202. PAN- AFLPA 8949 J VS I NCOME T AX O FFICER , WARD-46(3), KOLKATA. (APPELLANT) (RESPONDENT) RESPONDENT BY SH. MANISH TIWARI, FCA. APPELLANT BY SH. DHRUBAJYOTI RAY, JCIT . DATE OF HEARING 26.06.2020 DATE OF PRONOUNCEMENT 17 .0 7 .2020 ORDER PER SH. S.S. GODARA, JUDICIAL MEMBER : THIS ASSESSEE'S MISCELLANEOUS APPLICATIONS FILED U/S 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT THE 'ACT') SEEKS TO MODIFY/RECALL THE TRIBUNALS ORDER DATED 14.02.2020 PARTLY ALLOWING THE MAIN APPEAL ITA NOS. 1790-91/KOL/2020. HEARD BOTH THE PARTIES. CASE FILE(S) PERUSED. 2. LEARNEDD COUNSELS ONLY CASE DURING THE COURSE OF HEARING IS THAT THE TRIBUNALS IMPUGNED ORDER IN PARA 2 4 TH LINE HAS INCORPORATED THAT THE ASSESSEE HAD DERIVED THE INCOME IN DISPUTE FROM SALE OF SHARES WHICH WAS IN FACT SALE OF SCRIPS HELD IN PRIVATE LIMITED COMPANIES. LEARNED COUNSEL HAS ALSO INVITED MY ATTENTION TO THE DETAILED CHART(S) FORMING PART OF THE ASSESSMENT ORDER(S) DATED 22.12.2016 AND 11.12.2017; RESPECTIVELY TO THIS EFFECT. MA NOS. 76 & 77/KOL/2020 ALONG WITH ITA NOS. 1790 & 1791/KOL/2019 ASSESSMENT YEARS: 2014-15 & 2015-16 NEHA CHOWDHARY. PAGE | 2 3. LEARNED DEPARTMENTAL REPRESENTATIVE IS FAIR ENOUGH IN NOT DISPUTING THIS CLINCHING FACTUAL POSITION. I THEREFORE DIRECT THAT THE TRIBUNALS IMPUGNED ORDER TO THE LIMITED EXTENT SHALL BE READ AS THE ASSESSEE HAD CLAIMED TO HAVE DERIVED INCOME FROM SALE OF SCRIPS HELD IN PRIVATE LIMITED COMPANIES ONLY. 4. NO OTHER ARGUMENT HAS BEEN RAISED BEFORE ME. 5. IN THE RESULT, THESE TWO ASSESSEES MISCELLANEOUS APPLICATIONS ARE ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 17.07.2020. SD/- (S.S.GODARA) JUDICIAL MEMBER DATE: 17.07.2020 BIDHAN COPY FORWARDED TO: 1. APPELLANT - NEHA CHOWDHARY, 295, G.T. ROAD, BELUR, HOWRAH-711 202. 2. RESPONDENT - 1. INCOME TAX OFFICER, WARD-46(3), KOLKATA. 3. CIT(A)-14, KOLKATA. (SENT THROUGH E-MAIL). 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL). TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES