Income Tax Appellate Tribunal - Kolkata
Belvedere Estates Tenants ... vs Department Of Income Tax on 21 June, 2013
IN THE INCOME TAX APPELLATE TRIBUNAL,
KOLKATA 'A' BENCH, KOLKATA
Coram : Shri Pramod Kumar, Accountant Member
and Shri Mahavir Singh Judicial Member
M.A. No. 13/KOL/2013
(in I.T.A. No. 1156/ Kol / 2011)
Assessment year : 2005-06
Income Tax Officer,.................................................Applicant
Ward-34(1), Kolkata,
18, Rabindra Sarani,
5th floor, Poddar Court,
Kolkata-700 001
-Vs.-
M/s. Belvedere Estates Tenants Association...........Respondent
21, Old Court House Street,
Centre Point, Room No. 440,
Kolkata-700 001
[PAN : AAAAB 2901 Q]
Appearances by:
Shri K.N. Jana, Sr. D.R., for the applicant
Shri S.K. Lahiri, for the respondent
Date of concluding the hearing : June 21, 2013
Date of pronouncing the order : June 27, 2013
ORDER
Per Pramod Kumar :
By way of this Miscellaneous Application, the applicant Assessing Officer seeks recall of our order dated 19.10.2012 on the ground that "the principle of mutuality is not acceptable on undisclosed income".
2. The short issue raised in this Miscellaneous Application is that in the present case addition was made as undisclosed income from one of the tenants i.e. Jardine Henderson Ltd., on the ground that there was difference in the rental income as shown by the assessee and as per TDS certificate issued by the said M/s. Jardine Henderson Ltd. As noted in the Miscellaneous Application itself, the explanation of the assessee, for the aforesaid undisclosed income added by the Assessing Officer, was on account of different treatments having been given to the rent and maintenance charges.
3. Having heard the rival contentions and having perused the material on record, we are of the considered view that there is no mistake apparent on record within the inherited limited scope of section 254(2) of the Act, inasmuch as once the principle of mutuality is accepted and it is also accepted that even the so-called undisclosed income was also from a member it is clearly, to say the minimum, the possible view of the matter that the said undisclosed income, even if that be so, will partake the character of receipts under principles of mutuality. In any case, if the view so taken by us is "unacceptable" to the Assessing Officer, the right course is to approach the Hon'ble Court above. It is certainly not a case where the legal points so raised by the applicant Assessing Officer can be covered by the scope of mistakes rectifiable under section 254(2) of the Act. In this view of the matter and considering entirety of the case, we reject the grievance raised by the applicant Assessing Officer and decline to interfere in the matter.
4. In the result, Miscellaneous Application filed by the Revenue is dismissed.
Order pronounced in the open Court on 27th day of June, 2013.
Sd/- Sd/-
Mahavir Singh Pramod Kumar
(Judicial Member) (Accountant Member)
Kolkata, the 27th day of June, 2013
Copies to : (1) The applicant
(2) The respondent
(3) CIT
(4) CIT(A)
(5) The Departmental Representative
(6) Guard File
TRUE COPY
By order etc
Assistant Registrar
Income Tax Appellate Tribunal
Kolkata Benches, Kolkata
Laha/Sr. P.S.
.A. No. 13-KOL-2013
(in I.T.A. No.:1156/KOL/ 2011)
Assessment year : 2006-07
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