M/s. Sidhanta Vyapar Pvt. Ltd., Howrah V. ITO, Ward-15(4), Kolkata, Kolkata

ITA 1109/KOL/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6341 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 18-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOUTAM KR MONDAL
• Keywords: Bogus Share capital
• Section: 143(3)

Judgement Text

, B , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO.1109/KOL/2017 ASSESSMENT YEAR:2012-13 M/S SIDHANTA VYAPAR PVT. LTD. 45, DOBSON ROA, GANGOTRI APPARTMENT, 3 RD FLOOR, HOWRAH-711101 [ PAN NO.AARCS 2062 G ] / V/S . CIT(A)-5 AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-69 /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI GOUTAM KR. MONDAL, ADDL. CIT-DR /DATE OF HEARING 06-06-2018 /DATE OF PRONOUNCEMENT 15 -06-2018 /O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKATAS O RDER DATED 09.12.2016, IN CASE NO. 290/CIT(A)-5/WD-15(4)/15-16, PASSED EX PARTE AF FIRMING THE ASSESSING OFFICERS ACTION ADDING UNEXPLAINED SHARE CAPITAL OF 108,50,000/- AS WELL AS DISALLOWANCE OF A SUM OF 53,750/- BY INVOKING U/S14A R.W RULE 8D, INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. IT EMERGES AT THE OUTSET THAT THE INSTANT ALL SU FFERS FROM 62 DAYS DELAY IN FILING, CASE FILE SUGGESTS THAT ASSESSEE HAS PLACED ON RECO RD ITS CONDONATION AFFIDAVIT SOLEMNLY AVERRING THEREIN THAT ITS PERSON IN-CHARGE WAS OUT OF TOWN. LEARNED DEPARTMENTAL REPRESENTATIVE IS VERY FAIR IN NOT DIS PUTING THE SAID SOLEMN AVERMENTS. ITA NO. 1109/KOL/2017 A.Y. 2012-13 M/S SIDHAANTA VYAPAR PVT. LTD. VS. CIT(A)-5 KOL. PAGE 2 WE THEREFORE CONDONE THE ABOVE STATED DELAY OF 62 D AYS IN FILING OF INSTANT APPEAL AS NEITHER INTENTIONAL NOR DELIBERATE. 3. WE NOW ADVERT TO MERITS OF THE CASE. IT IS EVIDE NT THAT CIT(A) HAS PASSED THE IMPUGNED LOWER APPELLATE ORDER EX PARTE WHILST AFFI RMING THE ASSESSING OFFICERS ACTION MAKING THE ABOVE TWO ADDITIONS. WE FIND FROM PAGE 4 OF THE LOWER APPELLATE ORDER THAT HE HAD GRANTED TWO OPPORTUNITIES OF HEAR ING TO THE ASSESSEE ON 17.08.2016 AND 08.12.2016. THE ASSESSEE SOUGHT ADJOURNMENT ON THE FORMER OCCASION. IT DID NOT APPEAR IN THE LATTER HEARING WHICH MADE THE CIT(A) TO DISMISS THE APPEAL ON MERITS. IT IS SUFFICIENTLY INDICATED THAT LOWER APPELLATE AUTH ORITY HAS REJECTED ASSESSEES BOTH SUBSTANTIVE GROUNDS ON ITS SINGLE FAILURE IN PRESEN TING ITS CASE. LEARNED DR FAILS TO DISPUTE THIS FACTUAL POSITION. WE THEREFORE DEEM IT APPROPRIATE IN THE LARGER INTEREST OF JUSTICE THAT ASSESSEE DESERVES ONE MORE INNINGS IN LOWER APPELLATE PROCEEDINGS. WE ACCORDING RESTORE INSTANT LIS BACK TO THE CIT(A) FO R AFRESH ADJUDICATION AS PER LAW. WE MAKE IT CLEAR THAT WE HAVE NOT DEALT WITH MERITS OF THE CASE. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON 15/06/2018 SD/- SD/- ( &) (( &) (J.SUDHAKAR REDDY) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER *DKP-SR.PS ) - 15/06/2018 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-M/S SIDHANTA VYAPAR PVT. LTD. 45, DOBSON ROAD, GANGOTRI APARTMENT, 3 RD , FLOOR, HOWRAH-71101 2. /RESPONDENT-CIT(A)-5, AAYAKAR BHAWANA, P-7, CHOWRIN GHEE SQ. KOL-69 3. , - / CONCERNED CIT 4. - - / CIT (A) ) 5. . ((, , , /DR, ITAT, KOLKATA 6. 2 / GUARD FILE. BY ORD ER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO ,,