Income Tax Appellate Tribunal - Kolkata
Ito, Ward-9(4), Kolkata, Kolkata vs M/S Sagar Trexim Pvt Ltd., Kolkata on 24 March, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH 'C' KOLKATA
[Before Hon'ble Shri N.V.Vasudevan, JM & Shri Waseem Ahmed, AM ]
M.A.No.100/Kol/2016
(A/o ITA No.715/Kol/2012)
Assessment Year : 1996-97
I.T.O., Ward-9(4) -versus- M/s Sagar Trexim (P) Ltd.
Kolkata Kolkata
(PAN:AAECB 8194 E)
(Appellant) (Respondent)
For the Appellant: Shri Saurabh Kumar, Addl. CIT. Sr.DR
For the Respondent: Shri Miraj D.Shah, AR
Date of Hearing : 24.03.2017
Date of Pronouncement : 24.03.2017.
ORDER
PER N.V.VASUDEVAN, JM:
This is a miscellaneous application filed by the revenue u/s.254(2) of the Income Tax Act, 1961 (Act) praying for recalling of the order dated 14.01.2016 passed in the aforesaid appeal in and by which the appeal of the revenue was dismissed on the ground that the tax effect involved in the appeal was less than Rs.10 lakhs and therefore the appeal was filed contrary to CBDT Circular No.21/2015 dated 10.12.2015. The appeal of the revenue was dismissed as not maintainable being contrary to CBDT Circular referred to above.
2. In this Miscellaneous application the revenue has pointed out that the tax effect in the aforesaid appeal was more than Rs.10 lakhs. The ld. DR drew our attention to the tax effect computation as given by the AO and it shows that the tax effect in the appeal was Rs..13,92,218/-. The ld. AR could not point out any mistake in the computation of tax effect as given by the AO. In this circumstances we are of the view that there is a mistake apparent in the face of the record of the tribunal. The order M.A.No.100/Kol/2016 A/o ITA No.715/Kol/2012-M/s. Sagar Ttrexim (P)Ltd. A.Y.1996-97 1 dated 14.01.2016 in so far as it relates to the applicant in the miscellaneous application is recalled and the appeal is directed to be fixed for hearing in the normal course by the registry.
3. In the result the Miscellaneous Application by the revenue is allowed.
Order pronounced in the Court on 24.03.2017.
Sd/- Sd/-
[Waseem Ahmed ] [ N.V.Vasudevan ]
Accountant Member Judicial Member
Dated : 24.03.2017.
[RG PS]
Copy of the order forwarded to:
1.M/s. Sagar Trexim (P)Ltd., 9, jagmohan Mullick Lane, Kolkata-700007.
2. .I.T.O., Ward-9(4), Kolkata
3. C.I.T.(A)-VIII, Kolkata 4. C.I.T.- III, Kolkata.
5. CIT(DR), Kolkata Benches, Kolkata.
True Copy By order, Asst. Registrar, ITAT, Kolkata Benches M.A.No.100/Kol/2016 A/o ITA No.715/Kol/2012-M/s. Sagar Ttrexim (P)Ltd. A.Y.1996-97 2