Industrial Trade Corporation, Kolkata V. ACIT, CIR-32, KOLKATA, Kolkata

ITA 1062/KOL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1263 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 17-05-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE
• Assessee Lawyers: V K JAIN

Judgement Text

1 ITA NO.1062/KOL/2016 INDUSTRIAL TRADE CORPORATION., AY- 2010-11 , D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] I.T.A. NO. 1062/KOL/2016 ASSESSMENT YEAR: 2010-11 INDUSTRIAL TRADE CORPORATION (PAN: AAAFI6828C) VS. ASSISTANT COMMISSIONER OF INCOME- TAX, CIR-32, KOLKATA. APPELLANT RESPONDENT DATE OF HEARING 18.01.2018 DATE OF PRONOUNCEMENT 21.03.2018 FOR THE APPELLANT SHRI V. K. JAIN, FCA FOR THE RESPONDENT SHRI ARINDAM BHATTACHARJEE, ADDL . CIT ORDER PER SHRI A.T.VARKEY, JM THE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORD ER OF LD. CIT(A)-9, KOLKATA DATED 03.03.2016 FOR AY 2010-11. AT THE OUTSET, THE LD. A R DREW OUR ATTENTION TO THE SECOND GROUND OF APPEAL WHICH IS AS UNDER: 2. THE COMMISSIONER (APPEAL) ERRED IN CONFIRMING T HE ORDER OF AO, WITHOUT GIVING THE PROPER OPPORTUNITY TO THE APPELLANT AND IGNORING TH E SUBMISSION MADE BEFORE HIM. 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) IS AN EX PARTE ORDER AND HAS BEEN PASSED WIT HOUT GOING INTO THE MERIT OF THE CASE AT ALL, WHICH IS EVIDENCED FROM PARA 2 OF THE LD. CIT( A)S ORDER. HENCE, HE PRAYED BEFORE THE BENCH TO SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER BACK FOR PASSING A REASONED AND SPEAKING ORDER AFTER HEARING THE LD. A R. ON THE OTHER HAND, THE LD. DR RELIED ON THE ORDER OF LD. CIT(A) 3. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THRO UGH THE ORDER OF LD. CIT(A). WE FIND THAT THE LD. CIT(A) HAS PASSED A VERY CRYPTIC, NON- SPEAKING AND EX PARTE ORDER. THEREFORE, WE SET ASIDE THE EX PARTE ORDER OF THE LD. CIT(A) A ND RESTORE THE MATTER TO ADJUDICATE THE MATTER AFRESH AND PASS A SPEAKING ORDER AFTER AFFOR DING REASONABLE OPPORTUNITY OF BEING 2 ITA NO.1062/KOL/2016 INDUSTRIAL TRADE CORPORATION., AY- 2010-11 HEARD TO THE ASSESSEE IN ACCORDANCE TO LAW. WE ALSO DIRECT THE ASSESSEE TO APPEAR BEFORE THE LD. CIT(A) DILIGENTLY AND PARTICIPATE IN THE APPELL ATE PROCEEDINGS AND PURSUE THE APPEAL IN ACCORDANCE TO LAW. THE APPEAL OF ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 21.03.2018 SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 21ST MARCH, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT INDUSTRIAL TRADE CORPORATION, C/O RS VPC & COMPANY, 41A, A. J. C. BOSE ROAD, SUITE NO. 613, KOLKATA-700 014. 2 RESPONDENT ACIT, CIRCLE-32, KOLKATA. 3. THE CIT(A) KOLKATA. 4. 5. CIT KOLKATA DR, ITAT, KOLKATA. / TRUE COPY, BY ORDER, SR. PVT. SECRETARY