Income Tax Appellate Tribunal - Kolkata
Acit, Cir-30, Kolkata, Kolkata vs Supriti Das Gupta, Kolkata on 8 September, 2017
M.A.No.61/Kol/2016 A/o ITA No.1607/Kol/2014 Supriti Das Gupta A.Y. 2006-07 1
IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" BENCH : KOLKATA
[Before Hon'ble Sri N.V.Vasudevan, JM & Shri M.Balaganesh, AM ]
M.A.No.61/Kol/2016
(A/o I.T.A No. 1607/Kol/2014)
Assessment Year : 2006-07
A.C.I.T., Circle-30, -vs.- Supriti Das Gupta
Kolkata. Kolkata
[PAN : ACYPD 1437 E]
(Appellant) (Respondent)
For the Appellant : Shri Saurabh Kumar, Addl. CIT(DR)
For the Respondent : Shri D.S.Damle, FCA
Date of Hearing : 08.09.2017.
Date of Pronouncement : 08.09.2017.
ORDER
Per N.V.Vasudevan, JM
The revenue has filed the aforesaid application u/s.254(2) of the Income Tax Act, 1961 (Act) praying for an order recalling the order dated 9.7.2015 passed by the Tribunal dismissing the appeal of the revenue on the ground that the tax effect involved in the appeal of the revenue was less than Rs.4 lacs and therefore in the light of the CBDT Instruction No.5/2014 dated 10.7.2014 which provides that the tax effect for appeals to be filed before Tribunal should be Rs.4 lacs and above, the appeal of the revenue is not maintainable being contrary to the CBDT instruction.
2. In this MA, the revenue has put forth a plea that there was a revenue audit objection which was accepted by the AO and therefore the present appeal filed by the revenue falls within the exception carved out in the CBDT instruction referred to above and therefore even though the tax effect is less than Rs.4 lacs, the appeal of the revenue is maintainable. The Revenue has prayed for recalling the order dated 9.7.2015 through this MA.
M.A.No.61/Kol/2016 A/o ITA No.1607/Kol/2014 Supriti Das Gupta A.Y. 2006-07 2
3. At the time of hearing the assessment records were produced. On a perusal of the assessment records we find that there was a revenue audit objection and based on the same, reassessment proceedings u/s.147 were initiated. Thus the contention in the MA is found to be correct.
4. The order dated 9.7.2015 is therefore recalled for adjudication on merits. The appeal is fixed for hearing on 16.11.2017. The date of hearing was announced in open court and it was also informed that no separate notice of hearing will be sent to the parties.
5. In the result, the MA is allowed.
Order pronounced in the Court on 08.09.2017.
Sd/- Sd/-
[M.Balaganesh] [ N.V.Vasudevan ]
Accountant Member Judicial Member
Dated : 08.09.2017.
[RG PS]
Copy of the order forwarded to:
1. Supriti Das Gupta, 18/64, Dover Lane, Kolkata-700029.
2. A.C.I.T., Circle-30, Kolkata.
3. C.I.T.(A)- XIV, Kolkata. 4. C.I.T.- X, Kolkata.
5. CIT(DR), Kolkata Benches, Kolkata.
True copy By Order
Senior Private Secretary
Head of Office/D.D.O., ITAT Kolkata Benches