Woodside Fashions Ltd., Kolkata v. A.C.I.T.,Circle-31, Kolkata

ITA 1656/KOL/2019 | 2012-2013
Pronouncement Date: 28-02-2020 | Result: Partly Allowed

Appeal Details

RSA Number 165623514 RSA 2019
Assessee PAN AAACW3995R
Bench Kolkata
Appeal Number ITA 1656/KOL/2019
Duration Of Justice 7 month(s) 18 day(s)
Appellant Woodside Fashions Ltd., Kolkata
Respondent A.C.I.T.,Circle-31, Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 28-02-2020
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted C
Tribunal Order Date 28-02-2020
Last Hearing Date 24-02-2020
First Hearing Date 24-02-2020
Assessment Year 2012-2013
Appeal Filed On 10-07-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH KOLKATA BEFORE SHRI S. S. GODARA JM & DR. A. L. SAINI AM /I.T.A NO.1656/KOL/2019 ( [ [ / ASSESSMENT YEAR: 2012-13) WOODSIDE FASHIONS LTD. 22 CAMAC STREET KOLKATA. VS. ACIT CIRCLE-31 KOLKATA. ./ ./PAN/GIR NO.: AAACW3995R (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI ANIL KOCHAR ADVOCATE RESPONDENT BY : SHRI SUPRIYO PAL JCIT / DATE OF HEARING : 24/02/2020 /DATE OF PRONOUNCEMENT : 28/02/2020 / O R D E R PER SHRI S. S. GODARA: THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-4 KOLKATAS ORDER DATED 30.05.2019 IN CASE NO.38/CIT(A)-4/2018-19 INVOLVING PROCEEDINGS U/S 154 OF THE INCOME TAX ACT 1961 (IN SHORT THE ACT). HEARD SHRI ANIL KOCHAR AUTHORIZED REPRESENTATIVE FOR ASSESSEE AND SHRI SUPRIYO PAL JCIT-DR APPEARING AT THE REVENUES BEHEST. 2. IT TRANSPIRES AT THE OUTSET WITH THE ABLE ASSISTANCE OF BOTH THE LEARNED REPRESENTATIVES THAT ALTHOUGH THE ASSESSEE HAS RAISED ITS SUBSTANTIVE GRIEVANCE OF TAX CREDIT OF MAT FROM TOTAL TAX LIABILITY FOR THE PURPOSE OF CHARGING SECTION 234C INTEREST THAT EXPLANATION TO SECTION 234C IN CLAUSE (V) IS EFFECTIVE FROM 2013-14 THAN CARRYING RETROSPECTIVE EFFECT THE CIT(A)S LOWER APPELLATE ADJUDICATION HAS NOWHERE DEALT WITH THE RELEVANT FACTUAL MATRIX INVOLVED IN SECTION 154 I.T.A NO.1656/KOL/2019 WOODSIDE FASHIONS LTD. PAGE | 2 PROCEEDINGS. BOTH PARTIES ARE AD IDEM THEREFORE THAT THE ASSESSEES GRIEVANCE CANVASSED IN THE INSTANT LIS DESERVES TO BE RESTORED BACK TO THE ASSESSING OFFICER FOR FRESH ADJUDICATION/COMPUTATION AS PER LAW. WE ORDER ACCORDINGLY. THE ASSESSEE OR ITS AUTHORIZED REPRESENTATIVE SHALL APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFORE 31.07.20. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 28.02.2020. SD/- ( A. L. SAINI ) SD/- (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER /KOLKATA; / DATE: 28/02/2020 RS / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR I.T.A.T KOLKATA BENCHES KOLKATA . 1. THE APPELLANT - WOODSIDE FASHIONS LTD. 2. THE RESPONDENT- ACIT CIRCLE-31 KOLKATA. 3. ( ) / THE CIT(A) KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. / DR ITAT KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.