Sri Bhagirath Kumar Tibrewal , Kolkata V. ITO, Ward - 22(4), Kolkata , Kolkata

ITA 1048/KOL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3898 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 17-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURAV KUMAR
• Assessee Lawyers: MIRAJ D. SHAH
• Section: 143(3)

Judgement Text

PAGE | 1 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC, KOLKATA BEFORE SH. P.M.JAGTAP, ACCOUNTANT MEMBER ITA NO.1048/KOL/2018 [ASSESSMENT YEAR: 2014 - 15] APPELLANT BY SH. MIRAJ D.SHAH, AR RESPONDENT BY SH. SAURAV KUMAR, ADDL. CIT DATE OF HEARING 13.08.2018 DATE OF PRONOUNCEMENT 1 3 .08.2018 ORDER PER P.M.JAGTAP, ACCOUNTANT MEMBER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A) - 6, KOLKATA DATED 15.03.2018 WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE EX - PARTE FOR NON - PROSECUTION. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INDIVIDUAL WHO IS PRACTISING AS A CHARTERED ACCOUNTANT . THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY HIM ON 24.12.2014 DECLARING A TOTAL INCOME OF RS.2,42,370/ - . IN THE ASSESSMENT COMPLETED U/ S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) VIDE AN ORDER DATED 24.12.2016, THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED BY THE AO AT RS.19,28,840/ - AFTER MAKING AN ADDITION OF RS.16,86,465/ - BY DISALLOWING THE ASSESSEES CLAIM FOR EXEMPTION O N ACCOUNT OF LONG TERM CAPITAL GAIN U/S 10(38) OF THE ACT. AGAINST THE ORDER PASSED BY THE AO U/S 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE LD.CIT(A) AND SINCE THERE WAS NO SATISFACTORY COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES I SSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, LD.CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE FOR NON - PROSECUTION VIDE HIS APPELLATE ORDER DATED 15.03.2018 PASSED EX - PARTE. AGGRIEVED SRI BHAGIRATH KUMAR TIBREWAL, 32A, CHITTARANJAN AVENUE, TRUST HOUSE, 5 TH FLOOR, KOLKATA - 700012. PAN - ABRPT0381M VS ITO, WARD - 22(4), 54/1, RAFI AHMED KIDWAI ROAD, KOLKATA - 700016. (APPELLANT) (RESPONDENT) ITA NO. 1048 /KOL/2018 [ASSESSMENT YEAR: 20 14 - 15 ] PAGE | 2 BY THE ORDER OF LD.CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 3 . I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT A WRITTEN SUBMISSION WAS FILED BY THE ASSESSEE IN SUPPORT OF HIS CASE ON MERIT BEFORE LD.CIT(A) ON 12.02.2018. HE HAS SUBMITTED THAT LD.CIT(A) HOWEVER , DISMISSED THE APPEAL OF THE ASSESSEE FOR NON - PROSECUTION WITHOUT TAKING INTO CONSIDERATION THE SAID WRITTEN SUBMISSION ALREADY FILED BY THE ASSESSEE BEFORE H I M . HE HAS C ONTENDED THAT THE MATTER MAY THEREFORE, BE SENT BACK TO THE LD.CIT(A) FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER TAKING INTO CONSIDERATION THE SAID WRITTEN SUBMISSION. 4. KEEPING IN VIEW ALL THE FACTS OF THE CASE AS BORNE OUT FROM THE RECORD, I FIND MERIT IN THIS CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. EVEN THE LD. DR HAS NOT RAISED ANY OBJECTION IN THIS REGARD. ACCORDINGLY , THE IMPUGNED ORDER PASSED BY LD.CIT(A) EX - PARTE IS SET ASIDE AND THE MATTER IS REMITTED BACK TO HIM FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER TAKING INTO CONSIDERATION THE WRITTEN SUBMISSION ALREADY FILED BY THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 1 3 .08.2018. S D / - (P.M.JAGTAP) ACCOUNTANT MEMBER DATE: - 1 3 .08.2018 *AMIT KUMAR* ITA NO. 1048 /KOL/2018 [ASSESSMENT YEAR: 20 14 - 15 ] PAGE | 3 COPY FORWARDED TO: 1. APPELLANT - SRI BHAGIRATH KUMAR TIBREWAL, 32A, CHITTARANJAN AVENUE, TRUST HOUSE, 5 TH FLOOR, KOLKATA - 700012. 2. RESPONDENT - IT O , WARD - 22(4), 54/1, RAFI AHMED KIDWAI ROAD, KOLKATA - 700016. 3. CIT - KOLKATA 4. CIT(APPEALS) - KOLKATA BENCH 5. DR: ITAT - KOLKATA SR.P.S./H.O.O ITAT, KOLKATA