Tantia Agrochemicals Pvt. Ltd., Kolkata V. PCIT-2, KOLKATA, Kolkata

ITA 1178/KOL/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9449 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2017
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 31-01-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 26-05-2016
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: MANISH TIWARI
• Keywords: Opportunity of being heard
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM & DR.ARJUN LAL SAINI, AM] I.T.A NO. 1178/KOL/20 16 ASSESSMENT YEAR : 2011-1 2 TANTIA AGROCHEMICALS (P)LTD. -VS.- D.C.I.T ., CIRCLE-4(2), KOLKATA KOLKATA [PAN : AACCT 9207 F]] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI MANISH TIWARI , FCA FOR THE RESPONDENT : SHRI G.MALLIKARJUNA, CIT (DR) DATE OF HEARING : 31.01.2017. DATE OF PRONOUNCEMENT : 08.02.2017. ORDER PER N.V.VASUDEVAN, JM THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 28.03.2016 OF PR.CIT- 2, KOLKATA PASSED U/S 263 OF THE INCOME TAX ACT, 1 961 (ACT). 2. THE ASSESSEE IS A COMPANY ENGAGED IN THE MANU FACTURING OF STARCH. FOR A.Y.2011- 12 THE AO PASSED ORDER OF ASSESSMENT U/S 143(3) OF THE ACT DATED 20.01.2014. THE CIT IN EXERCISE OF HIS POWERS U/S 263 OF THE ACT WAS OF THE VIEW THAT THE AFORESAID ORDER OF AO WAS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE. HE THEREFORE ISSUED A SHOW CAUSE NOTICE U/S 263 OF THE ACT. ACCORDING TO THE IMPUGNED ORDER THE SHOW CAUSE NOTICE WAS SENT TO THE ASSESSEE AND OPPORTUNITY WAS AFFORDED TO THE ASSESSEE TO REPLY TO THE SHOW CAUSE NOTICE. THE APPOINTED DATE OF HEARIN G WAS 22.03.2016. IN THE IMPUGNED ORDER THE CIT IT HAS OBSERVED THAT NONE APPEARED ON THE APPOINTED DATE NOR ANY WRITTEN SUBMISSIONS WERE FILED. THE CIT THEREAFTER PROCEEDE D TO HOLD THAT THE ORDER OF AO WAS ERRONEOUS. CIT ACCORDINGLY DIRECTED THE AO TO EXAMI NE THE ADMISSIBILITY OF THE CLAIMS SET FORTH IN THE SHOW CAUSE NOTICE U/S 263 OF THE A CT AFTER AFFORDING OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 3. AGGRIEVED BY THE ORDER OF CIT THE ASSESSEE HAS FILED THE PRESENT APPEAL BEFORE THE TRIBUNAL. 2 ITA NO.1178/KOL/2016 TANTIA AGROCHEMICALS PVT.LTD. A.YR.2011-12 2 4. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE BROUGHT TO OUR NOTICE THAT ON 22.03.2016 WHEN THE CASE WAS FIXED FOR HEARING B EFORE CIT, THE ASSESSEE HAD MADE A REQUEST FOR AN ADJOURNMENT. THE LETTER DATED 22.03. 2016 FILED IN THE OFFICE OF THE PRINCIPAL CIT AND ACKNOWLEDGED BY THE SAID OFFICE W AS FILED BEFORE US. THE IMPUGNED ORDER OF THE CIT WAS PASSED ON 28.03.2016 DISREGARD ING THE MATERIAL AVAILABLE ON RECORD. WE ARE SATISFIED THAT THE ASSESSEE DID NOT HAVE PROPER OPPORTUNITY OF BEING HEARD BEFORE CIT. WE THEREFORE SET ASIDE THE ORDER OF CIT AND REMAND THE CASE TO THE CIT FOR FRESH CONSIDERATION AFTER AFFORDING THE ASSESSEE OP PORTUNITY OF BEING HEARD. FOR STATISTICAL PURPOSES THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 08.02.2017. SD/- SD/- [DR.ARJUN LAL SAINI] [ N.V.VASUDEVA N ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 08.02.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1. TANTIA AGROCHEMICALS PVT.LTD., 25-27, NETAJI SUB HASH ROAD, KOLKATA-700069. 2. PR. C.I.T.-2, KOLKATA. 3. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSTT.REGISTRAR, ITAT, KOLKATA BENCHES 3 ITA NO.1178/KOL/2016 TANTIA AGROCHEMICALS PVT.LTD. A.YR.2011-12 3