ASTRO LEASING & FINANCE CO. PVT. LTD.,KOLKATA V. .I.T.O., WARD - 7(1), KOLKATA, KOLKATA

ITA 1454/KOL/2024

AI Insights

The case involves appeals by Astro Leasing & Finance Co. Pvt. Ltd. against the orders of the National Faceless Appeal Centre, Delhi, for the assessment years 2016-17 and 2017-18. The appeals were initially decided ex-parte by the CIT (A) due to the absence of the assessee's replies on multiple hearing dates. The assessee, represented by Shri Akkal Dudhewala, AR, argued that they were unable to present certain details during the assessment proceedings, leading to assessments based on incomplete information. The Departmental Representative, Shri Ranu Biswas, did not oppose the restoration of the appeals. The Tribunal, considering the circumstances and the affidavit submitted by the assessee, decided to give the assessee another opportunity to present their case.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 37536 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2017-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: AKKAL DUDHEWALA
• Keywords: Set aside; Assessment record

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, AM AND SHRI PRADIP KUMAR CHOUBEY, JM ITA Nos.1381 & 1454/KOL/2024 (Assessment Years: 2016-17 & 2017-18) Astro Leasing & Finance Co. Pvt. Ltd. 31, Shakespeare Sarani, 2 nd Floor, Room No.209-210, Jasmine Tower, Kolkata-700017, West Bengal Vs. ITO Ward7(1), Aaykar Bhavan, P-7, Chowringhee Square, Kolkata-700069 West Bengal (Appellant) (Respondent) PAN No. AAECA6681L Assessee by : Shri Akkal Dudhewala, AR Revenue by : Shri Ranu Biswas, DR Date of hearing: 10.12.2024 Date of pronouncement : 16.12.2024 O R D E R Per Rajesh Kumar, AM: These are appeals preferred by the assessee against the orders of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 24.01.2024 & 27.09.2024 for the AYs 2016-17 & 2017-18 respectively. 02. At the outset, the ld. Counsel for the assessee submitted before the bench that both these appeals were decided ex-parte by the ld. CIT (A) when the assessee did not file any reply on as many as five dates of hearing allowed by the appellate authority. Finally, the ld. CIT (A) passed ex-parte orders by dismissing the appeals in limine. The ld. AR further submitted that even in the assessment proceedings certain details could not be filed and therefore, the ld. AO proceeded to frame the assessment on the basis of information available on record as well as filed by the assessee. The ld. AR therefore prayed that in the interest of justice and fair Page | 2 ITA Nos.1381 & 1454/KOL/2024 Astro Leasing & Finance Co. Pvt. Ltd.; A.Y. 2017-18 play these appeals may be restored to the file of the ld. AO so that the issues could be decided denovo after taking into account the evidences/ arguments of the assessee which may be filed during the set aside proceedings. The ld. DR left the issue to the wisdom of the bench. 03. After hearing the rival contentions and perusing the materials available on record, we find that the orders of CIT (A) have been framed ex-parte, deciding the issue on the basis of information available before him. Similarly, the ld. AO framed the assessment based upon the information available in the assessment record as well as in information furnished by the assessee. We note that even before the ld. AO the assessee failed to furnish certain documents/ details as called for by the AO. The assessee has filed an affidavit to this effect before us. After perusing the contents of the affidavit and after taking into consideration the facts on records , we are of the view that the ends of justice would be served if the assessee is given one more opportunity to present its case on merit so that the issues could be decided denovo. Accordingly, we set aside the orders of ld. CIT (A) and restore these appeals to the file of the ld. CIT (A) with a direction to decide these appeals denovo after giving reasonable opportunity of hearing to the assessee. 04. In the result, both the appeals of the assesseeare allowed for allowed for statistical purposes. Order pronounced in the open court on 16.12.2024. Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR) (JUDICIALMEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 16.12.2024 Sudip Sarkar, Sr.PS Page | 3 ITA Nos.1381 & 1454/KOL/2024 Astro Leasing & Finance Co. Pvt. Ltd.; A.Y. 2017-18 Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. CIT 4. DR, ITAT, 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata "