DCIT, CIR-1(1), KOLKATA, V. M/s Jessop & Co. Ltd., Kolkata

MA 83/KOL/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5804 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-09-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 28-04-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 23-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA [BEFORE HONBLE SHRI N.V.VASUDEVAN, JM & SHRI M. BALAGANESH, AM ] M.A. NO. 83 OF 2016 (A/O I.T.A NO. 839/KOL /2015) DCIT, CIR-1(1), KOLKATA -VS.- M/S JESSOP & CO. LTD [PAN : AAACJ 6969 N] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI SAURABH KUMAR , ADDL. CIT DR FOR THE RESPONDENT : NONE DATE OF HEARING : 08.09.2017 DATE OF PRONOUNCEMENT :08.09.2017. ORDER PER M.BALAGANESH, AM 1. BY VIRTUE OF THIS MISCELLANEOUS APPLICATION THE REVENUE SEEKS TO RECALL THE ORDER OF THIS TRIBUNAL DISMISSING THE APPEAL OF THE REVEN UE IN I.T.A. NO. 839/KOL/2015 DATED 28.12.2015 DUE TO LOW TAX EFFECT (I.E. LESS THAN RS 10 LACS) BY PLACING RELIANCE ON CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015. HOWEVER, WE FIND THAT THE TAX EFFECT HAS BEEN ERRONEOUSLY CALCULATED BY THIS TRIBUNAL AT RS. 9,85 ,347/- AS AGAINST 10,39,991/-. THIS ERROR HAD BEEN RIGHTLY POINTED OUT BY THE REVENUE A ND ACCORDINGLY, WE RECALL THE ORDER OF THIS TRIBUNAL. 2 MA NO. 83/KOL/2016 (A/O I.T.A NO. 839/KOL/2015) M/S JESSOP & CO. LTD. A.YR.2004-05 2 2. THE HEARING OF THIS APPEAL IS FIXED ON 20.11.201 7. THE REGISTRY IS DIRECTED TO ISSUE NOTICE TO THE ASSESSEE BY RPAD AS NONE WAS PRESENT ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING OF THIS MISCELLANEOUS APPLICATION. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 08.09.2017 SD/- SD/- [N.V.VASUDEVAN] [ M.BALAGANESH] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 08.09.2017 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1.DCIT, CIRCLE-1(1), KOLKATA, P-7, CHOWRINGHEE SQUA RE, R. NO. 20, 7 TH FLOOR, KOLKATA- 700069 2. M/S JEESOP & CO. LTD., 21 & 22, JESSORE ROAD, KO LKATA-700028. 3.CIT(A)- 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVA TE SECRETARY HEAD OF OFFICE/ D.D.O., ITAT KOLKATA BENCHE S