SUNDEEP MUKHERJEE ,KOLKATA vs. ITO, WARD - 22(3), KOLKATA , KOLKATA
In the result, the appeal of the assessee is allowed
ITA 1271/KOL/2018[2005-06]Status: DisposedITAT Kolkata14 Nov 2018AY 2005-06
Bench: Shri P.M. Jagtap, Hon’Ble Vice -] I.T.A. No. 1271/Kol/2018 Assessment Year: 2005-06 Sundeep Mukherjee.............................……………………………………………………………....Appellant Commerce House, 8Th Floor, Room 3A, 2, Ganesh Chandra Avenue, Kolkat -700 013. [Pan : Afcpm 5140 E] Ito Ward 22(3) Kolkata...................………………………………………………….............Respondent 54/1, Rafi Ahmed Kidwai Road, Kolkata – 700 016. Appearances By: Shri Subash Agarwal, Advocate Appearing On Behalf Of The Assessee. Shri Pinaki Mukherjee, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 15, 2018 Date Of Pronouncing The Order : November 14, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 6, Kolkata Dated 17.05.2018 Whereby He Upheld The Rectification Order Passed By The Ao U/S 154 Of The Income Tax Act, 1961. 2. The Assessee In The Present Case Is An Individual Who Filed His Return Of Income For The Year Under Consideration On 15.07.2005 Declaring A Total Income Of Rs. 1,63,230/-. In The Assessment Completed Originally U/S 143(3) Vide An Order Dated 26.12.2007, The Total Income Of The Assessee Was Determined By The Ao At Rs. 10,84,370/- After Making Addition Inter Alia On Account Of Short Term Capital Gain Amounting To Rs. 6,97,716/- & Tax @ 10% Was Calculated On Such Short Term Capital Gain As Per Section 111A Of The Act. Against The Order Passed By The Ao U/S 143(3), An Appeal Was Filed By The Assessee Before The Ld. Cit(A) Who Disposed Of The Same
Section 111ASection 143(3)Section 154Section 250Section 251
rectification of any mistake, which passing an order u/s 251 and such order is bad in law and needs to be corrected by passing fresh order u/s 154/251/143(3).
v. That it needs to be seen that during passing of an order u/s 251 giving effect to the Appellant Order, there is no scope for fresh enquiry or reassessment
