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Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA
Before: Shri J.Sudhakar Reddy & Shri S.S.Godara
Shri Dhrubajyoti Roy, JCIT SR-DR अपीलाथ� क� ओर से/By Appellant Shri H.V. Bhardwaj, AR ��यथ� क� ओर से/By Respondent 02-12-2019 सुनवाई क� तार�ख/Date of Hearing 13-12-2019 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- This Revenue’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-4, Kolkata’s order dated 03.04.2018 passed in case No.306/CIT(A)-4/Kol/2015-16 involving proceedings u/s143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file(s) perused.
For the reason stated in the Revenue’s condonation petition dated 20.08.2018 explaining delay of one day in filing and on account of the assessee’s no objection thereto, we hold that the impugned delay is neither has intentional nor deliberate. We accordingly accept Revenue’s condonation pleadings. Its main appeal is now taken up for adjudication on merits.
Assessment Year 2012-13 DCIT,Cir-10(1) Kol. Vs M/s Bengal Chemicals & Pharmaceuticals Ltd. Page 2 3. The Revenue raises the following three substantive grounds in the instant appeal:- “(i) The Ld. CIT(A) erred in determining business loss to the tune of Rs.32,21,08,968/- by directing the AO to consider the revised computation of income submitted by the assessee. (ii) The Ld. CIT(A) erred in directing the AO to consider the revised figures of provision for gratuity and leave salary which has been debited at Rs.18,72,032/- only in the revised accounts whereas the assessee-company itself not considered the figures of Annual Report, in spite of several opportunity after publication of Annual Report, dtd. 30.06.2014. (iii) The Ld. CIT(A) erred in directing the AO to take the revised interest income of Rs.10,02,44,000/-“ 4. It emerges during the course of hearing that the Revenue’s sole substantive grievance forming subject-matter all the above extracted three substantive grounds is that he CIT(A) has erred in law as well as on facts in directing the Assessing Officer to consider the assessee’s revised computation. Learned departmental representative quotes hon'ble apex court’s landmark decision in Gooteze (India) Ltd. vs. CIT (2006) 284 ITR 323 (SC) that such a claim; not accompanied by a revised return before the Assessing Officer, is not liable to be accepted. We find no merit in Revenue’s instant sole substantive grievance. Their lordships hold in the above stated case law itself that the same nowhere impinges upon the jurisdiction of appellate authority(ies) to entertain such a claim as per law. Coupled with this, we notice that the assessee had been filing its return and tax audited report on the basis of provisional accounts followed by a revised total income at later stage on the basis of audited accounts for more than the preceding ten assessment year(s) till financial year 2013-14. All such revised computations have been duly accepted as per case records.
Learned departmental representative further fails to dispute that there is no loss caused to the Revenue’s interest since CIT(A) has issued directions to the Assessing Officer to ascertain assessee’s taxable income as per the revised computation after necessary factual verification on all the three issues. All these clinching aspects have gone unrebutted from the Revenue side. We find in this factual backdrop that this co- Assessment Year 2012-13 DCIT,Cir-10(1) Kol. Vs M/s Bengal Chemicals & Pharmaceuticals Ltd. Page 3 ordinate bench’s decision in M/s Vidula Chemicals & Manufacturing Industries Ltd. in has already declined the Revenue’s identical arguments challenging the CIT(A)’s similar directions issued to the Assessing Officer. Be that as it may, we conclude that the Assessing Officer is yet to assess the assessee’s taxable income on the basis of said revised computation. We therefore uphold the CIT(A)’s directions under challenge. The Assessing Officer is directed to finalize his consequential assessment as per law.