DCIT, CIR-6, KOLKATA, Kolkata V. W. B. Industrial Development Corporation Ltd., Kolkata

MA 78/KOL/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3760 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: B R DUTTA
• Keywords: Additional evidence
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA (BEFORE SHRI P. M. JAGTAP, A.M. & SHRI S.S.VISWANET HRA RAVI, J.M.) M.A. NO. 78/KOL/2015 : ASSTT. YEAR : 2008-2009 (ARISING OUT OF ITA NO.969/KOL/2012) DCIT, CIRCLE-6 KOLKATA VS WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION L TD. (PAN: AAACW 3043B) (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. RANU BISWAS, JCIT, SR.DR RESPONDENT BY : SHRI B. R. DUT TA, FCA DATE OF HEARING : 06.11.2015 DATE OF PRONOUNCEMENT : 04-12-2015 ORDER PER SHRI S.S.VISWANETHRA RAVI, J.M . THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVE NUE TAKING THE GRIEVANCE THAT HONBLE ITAT, VIDE ITS ORDER DATED 2 9.01.2015 IN ITA NO.969/KOL/2012, HAS NOT CONSIDERED THE GROUND TAKE N BY THE REVENUE IN ITS APPEAL. 2. THE CONTENTION OF THE REVENUE IN THIS MISCELLANE OUS APPLICATION THAT THIS TRIBUNAL, WHILE PASSING THE ORDER IN ITA NO.969/KOL/2012 FOR THE ASSESSMENT YEAR 2008-09 DATED 29.01.2015 DID NO T CONSIDER THE GROUND, WHICH IS REPRODUCED HEREINBELOW:- 1) THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE , LD. CIT(A) ERRED IN LAW IN HOLDING THAT DISALLOWANCE UN DER SECTION 14A OF THE INCOME TAX ACT READ WITH RULE 8D OF THE INCOME TAX RULES SHOULD BE RESTRICTED TO THE DIVIDE ND INCOME OF RS.36,96,855/-. THE ORDER OF THE CIT(A) S HOULD BE CANCELLED AND THE ORDER OF THE A.O. SHOULD BE RESTO RED. 3. HEARD BOTH THE REPRESENTATIVES AND PERUSED THE R ELEVANT MATERIALS ON RECORD. IT IS NOTICED FROM THE ORDER OF THE TRI BUNAL THAT ALL THE THREE 2 MA NO.78/KOL/2015 WEST BENGA L INDUSTRIAL DEV. CORPN. LTD. ASSESSMENT YEAR: 2008-09 APPEALS I.E. ITA NO.879 & 880/KOL/2012 FOR THE ASSE SSMENT YEARS 2007- 08 AND 2008-09 BY THE ASSESSEE AND ITA NO.969/KOL/2 012 FOR THE ASSESSMENT YEAR 2008-09 BY THE REVENUE WERE DISPOSE D OF BY ITAT BY ONE COMBINED ORDER, THE OBSERVATION PART OF THE SAM E IN PARA 6 IS REPRODUCED HEREINBELOW: 6. WE HAVE CONSIDERED THE SUBMISSIONS. CONSIDERING THE FACT THAT THE ADDITIONAL EVIDENCES HAVE BEEN FILED BY THE ASSESSEE AND THESE EVIDENCES WERE NOT IN THE CONTRO L OF THE ASSESSEE NOR AVAILABLE WITH THE ASSESSEE WHEN THE O RIGINAL ASSESSMENT WAS IN PROCESS AND AS IT IS NOTICED THAT THESE EVIDENCES WOULD HAVE SUBSTANTIAL BEARING IN THE ADJ UDICATION OF THE ISSUES IN THESE APPEALS, IN THE INTEREST OF JUSTICE, WE ARE OF THE VIEW THAT THE ISSUES IN THESE APPEALS MU ST BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR R E- ADJUDICATION AFTER GRANTING THE ASSESSEE ADEQUATE OPPORTUNITY TO PRODUCE ALL SUCH EVIDENCES TO SUBSTA NTIATE ITS CASE AND WE DO SO. 3.1 AS ALL THE ISSUES INCLUDING THE ONE INVOLVED IN GROUND NO.1 OF ITA NO.969/KOL/2012 HAVE BEEN RESTORED TO THE FILE OF A O FOR RE- ADJUDICATION, WE ARE OF THE VIEW THAT THERE IS NO M ISTAKE IN THE ORDER OF THE TRIBUNAL AS ALLEGED BY THE REVENUE IN THE PRESE NT MISCELLANEOUS APPLICATION. IN THAT VIEW OF THE MATTER, WE DISMISS THIS MISCELLANEOUS APPLICATION FILED BY THE REVENUE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH DECEMBER, 2015. SD/- SD/- ( P.M.JAGTAP) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 04/12/2015 3 MA NO.78/KOL/2015 WEST BENGA L INDUSTRIAL DEV. CORPN. LTD. ASSESSMENT YEAR: 2008-09 COPY OF ORDER FORWARDED TO: 1 WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD. , 23, ABANINDRA NATH THAKUR SARANI, (CAMAC STREET), KOLKA TA 700 017 2 DCIT, CIRCLE-6, KOLKATA 3 THE CIT(A), 4 5 CIT, 5. D.R. TRUE COPY, BY ORDER, ASSTT. REGISTRAR , ITAT, KOLKATA TALUKDAR/SR.PS