ITO, Wd-40(2), Kolkata, Kolkata V. M/s Sribhumi Publication Co., Kolkata

MA 98/KOL/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 6019 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-12-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 20-01-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 12-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER (MISC. APPLICATION) M.ANO.98/KOL/2016 (ARISING OUT ITA NO.792/KOL/2015) / ASSESSMENT YEAR:2007-08 INCOME TAX OFFICER, WARD-40(2), 2 ND , FLOOR, 3, GOVERNMENT PLACE WEST,KOLKATA-700001 / V/S . SRIBHUMI PUBLICATION CO. 79, MHATMA GANDHI ROAD,KOLKT-700009 [ PAN NO.AAMFS6690 N ] (ORIGINAL APPELLANT) (ORIGINAL R ESPONDENT) (APPLICANT) .. (RESPONDENT) / BY APPLICANT SHRI, SOUMYJIT DASGUPTA, ADDL. CIT- SR-DR !' / BY RESPONDENT SHRI MHIR BANDYOPADHYAY, AR / DATE OF HEARING 01-12-2017 / DATE OF PRONOUNCEMENT 01-12-2017 / ORDER PER WASEEM AHMED, ACCOUNTANT MEMBER:- BY THIS MISCELLANEOUS APPLICATION (MA), THE REVENUE HAS SOUGHT FOR RECALLING ORDER PASSED BY THE TRIBUNAL IN ITA NO. 7 92/KOL/2015 DATED 16.02.2016 FOR ASSESSMENT YEAR 2007-08. 2. THE ISSUE RAISED BY REVENUE IN THIS MA IS THAT T HE TRIBUNAL ERRED IN DISMISSING THE APPEAL BY OBSERVING THAT THE TAX EFF ECT IN THIS APPEAL OF REVENUE IS BELOW THE PRESCRIBED MONETARY LIMIT AS M ENTIONED IN INSTRUCTION NO. 21/2015 ISSUED BY CBDT ON 10.12.2015. BUT THE I NSTANT CASE FALLS UNDER THE EXCEPTION OF AUDIT OBJECTION IN TERMS OF CLAUSE (C) OF PARA 8 OF THE CIRCULAR ISSUED BY THE CBDT. IN SUPPORT OF ITS CLAIM, LD. DR HAS PROVIDED THE COPY OF THE AUDIT OBJECTION WHICH IS PLACED ON RECORD. ON THE OTHER HAND, THE LD. AR RAISED NO OBJECTION O N THE ARGUMENT OF THE LD. DR. MA NO98/KOL/2016 ITO WD-40(2) KOL. VS. SRIBHUMI PUBLICATION CO. PAG E 2 3. FROM THE ABOVE, WE FIND THAT THE INSTANT CASE FA LLS UNDER THE EXCEPTION AS PROVIDED IN CLAUSE (C) OF THE CBDT CIRCULAR. THE REFORE, THE MONETARY LIMIT AS SPECIFIED FOR FILING THE APPEAL BY THE REVENUE I N PRESENT CASE DOES NOT APPLY. HENCE, WE RECALL THE IMPUGNED ORDER PASSED B Y THIS TRIBUNAL DATED 16- 02-2016 AND FIX THE DATE IN THE OPEN COURT IN PRESE NCE OF BOTH SIDES THAT HEARING IS TO BE FIXED ON 25.01.2018 . IT IS ALSO PERTINENT TO NOTE THAT NO SEPARATE NOTICE TO EITHER PARTY SHALL BE ISSUED. HE NCE, THE MISC. APPLICATION OF THE REVENUE ALLOWED IN TERMS OF ABOVE. 4. IN THE RESULT, MA OF REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING I.E. 1 ST DECEMBER, 2017 . SD/- SD/- ( () ( () (N.V.VASUDEVAN) (WASEE M AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP *- 01/12 /201 7 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-ITO WARD-40(2), 2 ND FLOOR, 3 GOVT. PLACE WEST, KOLKATA 2. !' /RESPONDENT-M/S SRIBHUMI PUBLISHING CO. 79,MAHATMA GANDHI ROAD, KOLKATA-009 3. 5 6 / CONCERNED CIT 4. 6- / CIT (A) 5. !5, 5, KOLKATA / DR, ITAT, KOLKATA 6. / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY HEAD OF OFFICE/DDO 5,