M/s Attractive Financial Advisory Pvt. Ltd., Kolkata V. I.T.O.,Ward-7(1), Kolkata

ITA 1203/KOL/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7218 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 17-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Set aside
• Section: 250; 143(2); 68

Judgement Text

ITA NO. 1203/KOL/2019 AS SESSMENT YEAR: 2009-2010 M/S. ATTRACTIVE FINANCIAL ADVISORY PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT I.T.A. NO. 1203/KOL/2019 ASSESSMENT YEAR: 2009-2010 M/S. ATTRACTIVE FINANCIAL ADVISORY PVT. LIMITED,... ..................APPELLANT 2B, GRANT LANE, 6 TH FLOOR, KOLKATA-700 012 [PAN: AAGCA8683A] -VS.- INCOME TAX OFFICER,................................ ...................................RESPONDENT WARD-7(1), KOLKATA, AAYAKAR BHAVAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 APPEARANCES BY: N O N E, FOR THE APPELLANT SHRI JAYANTA KHANRA, JCIT, SR. D.R , FOR THE RESPONDEN T DATE OF CONCLUDING THE HEARING : OCTOBER 24, 2019 DATE OF PRONOUNCING THE ORDER : OCTOBER 24, 2019 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-15, KOLKATA DA TED 12.03.2019 PASSED EX-PARTE, WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY, W HICH FILED ITS RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION O N 27.03.2010 DECLARING TOTAL INCOME OF RS.2,000/-. ALTHOUGH THE SAID RETURN WAS INITIALLY PROCESSED BY THE ASSESSING OFFICER UNDER SECTION 143(1), THE ASSESSMENT WAS SUBSEQUENTLY REOPENED BY HIM AND A N OTICE UNDER SECTION ITA NO. 1203/KOL/2019 AS SESSMENT YEAR: 2009-2010 M/S. ATTRACTIVE FINANCIAL ADVISORY PVT. LIMITED 2 148 WAS ISSUED BY HIM ON 28.03.2016 AFTER RECORDING THE REASONS. IN RESPONSE TO THE SAID NOTICE, THE RETURN OF INCOME W AS FILED BY THE ASSESSEE ON 06.12.2016. THEREAFTER A NOTICE UNDER S ECTION 143(2) WAS ISSUED BY THE ASSESSING OFFICER. THERE WAS, HOWEVER , NO COMPLIANCE ON THE PART OF THE ASSESSEE TO THE SAID NOTICE ISSUED BY THE ASSESSING OFFICER AS WELL AS THE SUBSEQUENT NOTICES ISSUED UNDER SECT ION 142(1). THE ASSESSING OFFICER, THEREFORE, PROCEEDED TO COMPLETE THE ASSESSMENT ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND IN TH E ASSESSMENT SO COMPLETED UNDER SECTION 147/143(3) OF THE ACT VIDE AN ORDER DATED 06.12.2016, ADDITION OF RS.20,00,000/- WAS MADE BY THE ASSESSING OFFICER TO THE TOTAL INCOME OF THE ASSESSEE UNDER SECTION 6 8 ON ACCOUNT OF ACCOMMODATION ENTRY ALLEGEDLY RECEIVED BY THE ASSES SEE. 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 147/143(3) OF THE ACT, AN APPEAL WAS FILED BY THE A SSESSEE BEFORE THE LD. CIT(APPEALS) AND SINCE THERE WAS NO SATISFACTORY CO MPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(APPEALS) DIS MISSED THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION VIDE HIS APPELLATE ORDER DATED 12.03.2019 PASSED EX-PARTE. AGGRIEVED BY THE ORDER OF THE LD. CIT(APPEALS), THE ASSESSEE HAS PREFERRED THIS APPEA L BEFORE THE TRIBUNAL. 4. AT THE TIME OF HEARING BEFORE THE TRIBUNAL FIXED TODAY, NONE HAS APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICAT ION SEEKING ADJOURNMENT HAS BEEN FILED. THIS APPEAL OF THE ASSE SSEE IS, THEREFORE, BEING DISPOSED OF EX-PARTE AFTER CONSIDERING THE AR GUMENTS OF THE LD. D.R. AND THE RELEVANT MATERIAL AVAILABLE ON RECORD. IT I S OBSERVED THAT EVEN THOUGH THE APPEAL OF THE ASSESSEE WAS STATED TO BE FIXED FOR HEARING BY THE LD. CIT(APPEALS) ON 29.01.2019, 01.03.2019 AND 11.03.2019, THERE IS NOTHING MENTIONED IN THE IMPUGNED ORDER OF THE LD. CIT(APPEALS) AS TO HOW THE NOTICES ON THE SAID HEARING WERE SENT TO TH E ASSESSEE. MOREOVER, THE LD. CIT(APPEALS) AS PER THE PROVISIONS OF SUB-S ECTION (6) OF SECTION ITA NO. 1203/KOL/2019 AS SESSMENT YEAR: 2009-2010 M/S. ATTRACTIVE FINANCIAL ADVISORY PVT. LIMITED 3 250 WAS REQUIRED TO DISPOSE OF THE APPEAL OF THE AS SESSEE VIDE ORDER IN WRITING STATING THE POINTS FOR DETERMINATION, THE D ECISION THEREON AND THE REASONS FOR THE DECISION. IT IS OBSERVED THAT THE I MPUGNED ORDER PASSED BY THE LD. CIT(APPEALS) DOES NOT COMPLY WITH THESE REQUIREMENTS. I, THEREFORE, SET ASIDE THE IMPUGNED ORDER PASSED BY T HE LD. CIT(APPEALS) EX-PARTE AND REMIT THE MATTER BACK TO HIM FOR DISPO SING OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT IN ACCORDANCE WITH LAW AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE AS SESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON OCTOBER 24, 2 019. SD/- (P.M. JAGTAP) VICE-PRESIDENT KOLKATA, THE 24 TH DAY OF OCTOBER, 2019 COPIES TO : (1) M/S. ATTRACTIVE FINANCIAL ADVISORY PVT. LIMITED, 2B, GRANT LANE, 6 TH FLOOR, KOLKATA-700 012 (2) INCOME TAX OFFICER, WARD-7(1), KOLKATA, AAYAKAR BHAVAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-15, KOLK ATA, (4) COMMISSIONER OF INCOME TAX, KOLKATA- , KOLKATA; (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.