ITO, WD-30(4), KOLKATA, Kolkata V. Shri Suresh Kumar Agarwal, Kolkata

MA 88/KOL/2015

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5723 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-07-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-04-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 04-09-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARYA
• Assessee Lawyers: V N PUROHIT
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM & SHRI WASE EM AHMED, AM] M.A.NO.88/KOL/2015 (A/O I.T.A NO.2035/KOL/2010 ) ASSESSMENT YEAR : 2004-0 5 I.T.O., WARD 30(4) -VS.- SHRI SURESH KUM AR AGARWAL KOLKATA. KOLKATA [PAN : ADBPA 2778 H] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI ARINDAM BHATT ACHARYA, JCIT, SR.DR FOR THE RESPONDENT : SHRI.V.N.PUROHIT, FCA DATE OF HEARING : 28.07.2017. DATE OF PRONOUNCEMENT : 28.07.2017. 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 THE ORDER DATED 13.04.2015 PASSED BY THIS TRIBUNAL. 2. IN THIS MISCELLANEOUS APPLICATION IT HAS BEEN POINTED OUT THAT IN THE IMPUGNED ORDER DATED 13.04.2015 THE TRIBUNAL DISMISSED THE A PPEAL OF THE REVENUE FOR THE REASON THAT THE TAX EFFECT IN THE APPEAL WAS LESS THAN THE MONETARY LIMIT IN FILING THE APPEALS BEFORE THE TRIBUNAL AS LAID DOWN BY CBDT CIRCULAR N O.5/2014 DATED 10.07.2014. IN THIS MISCELLANEOUS APPLICATION THE REVENUE HAS POIN TED OUT THAT ONE OF THE EXCEPTIONS CARVED OUT IN THE SAID INSTRUCTION IS THAT IF THERE IS A REVENUE AUDIT OBJECTION WHICH HAS BEEN ACCEPTED BY THE REVENUE THEN IRRESPECTIVE OF T HE TAX EFFECT THE APPEALS COULD BE FILED BEFORE THE TRIBUNAL. IT IS A PLEA OF THE REV ENUE THAT IN THE PRESENT CASE THERE WAS A REVENUE AUDIT OBJECTION AND THEREFORE THE ORDER OF THE TRIBUNAL DISMISSING THE APPEAL OF 2 M.A.NO.88/KOL/2015 SHRI SURESH KUMAR AGARWAL A.YR..2004-05 2 THE REVENUE FOR LOW TAX EFFECT SUFFERS FROM A MISTA KE APPARENT FROM THE FACE OF THE RECORD. THE REVENUE HAS THEREFORE PRAYED FOR RECALL ING OF THE AFORESAID ORDER. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. THE REV ENUE HAS PLACED THE REVENUE AUDIT OBJECTION BEFORE THE TRIBUNAL. IT IS THEREFORE CLEA R THAT THE APPEAL OF THE REVENUE IS MAINTAINABLE DESPITE THE LOW TAX EFFECT. WE THEREFO RE RECALL THE ORDER DATED 13.04.2015 PASSED BY THIS TRIBUNAL. THE APPEAL IS DIRECTED TO BE FIXED FOR HEARING ON 13.09.2017. THE DATE OF HEARING WAS ANNOUNCED IN THE OPEN COURT AND HENCE NO SEPARATE NOTICE OF HEARING WILL BE SENT TO THE PARTIES. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 28.07.2017. SD/- SD/- [WASEEM AHMED] [ N.V.VASUDEVAN ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 28.07.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1. SHRI SURESH KUMAR AGARWAL, 107A, RASH BEHARI AVE NUE, KOLKATA-700029. 2. I.T.O., WARD-30(4), KOLKATA. 3. CIT(A)-XIV, KOLKATA. 4. CIT-X, 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.88/KOL/2015 SHRI SURESH KUMAR AGARWAL A.YR..2004-05 3