M/s. Morgan Vyapaar Private Limited , Kolkata V. ITO, Ward - 1(1), Kolkata , Kolkata

ITA 129/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7545 (ITAT-KOLKATA)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 29-01-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RADHESHYAM
• Assessee Lawyers: S M SURANA
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [BEFORE SRI P.M. JAGTAP, VICE PRESIDENT, KZ & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER] I.T.A. NO. 129/KOL/2018 ASSESSMENT YEAR: 2008-09 M/S. MORGAN VYAPAAR PRIVATE LTD.........APPELLANT C/O RAJESH MOHAN & ASSOCIATES UNIT-18, BAGATI HOUSE 5 TH FLOOR 34, GANESH CHANDRA AVENUE KOLKATA 700 013 [PAN : AAECM 5308 C] INCOME TAX OFFICER, WARD-1(1), KOLKATA.....................................................RESPONDENT APPEARANCES BY: SHRI S.M. SURANA, ADVOCATE & ABHISHEK BANSAL, FCA, APPEARED ON BEHALF OF THE ASSESSEE. SHRI RADHE SHYAM, CIT SR. D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 3 RD , 2019 DATE OF PRONOUNCING THE ORDER : JANUARY 16 TH , 2019 O R D E R PER S.S. VISWANETHRA RAVI, JM:- THIS APPEAL FILED BY THE ASSESSE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 14, KOLKATA, (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 30/12/2016, FOR THE ASSESSMENT YEAR 2008-09. 2. THE CONTENTION OF THE LD. A/R, IS THAT THE ASSESSING OFFICER DID NOT FOLLOW THE DIRECTIONS AS GIVEN BY THE LD. CITVIDE PROCEEDINGS U/S 263 OF THE ACT AND THE LD. CITIN THE FIRST APPELLATE PROCEEDINGS CONFIRMED THE ORDER BASED BY THE ASSESSING OFFICER EX-PARTE , THE ASSESSEE. FURTHER HE CONTENDS THAT THE MATTER MAY BE REMANDED TO THE FILE OF THE ASSESSING OFFICER FOR COMPLETING THE ASSESSMENT IN PURSUANCE OF THE DIRECTIONS GIVEN BY THE LD. CIT U/S 263 PROCEEDINGS AND PLACED RELIANCE ON THE ORDER OF THE ITAT D BENCH OF THE KOLKATA TRIBUNAL IN THE CASE OF KASVI DISTRIBUTORS PVT. LTD. VS. ITO; ITA NO. 1588/KOL/2017; ASSESSMENT YEAR 2012- 13 , ORDER DT. 19/11/2018 PLACED AT PAGE NO. 1 OF THE PAPER BOOK. ON PERUSAL OF THE SAID ORDER, WE FIND THAT ON SIMILAR CIRCUMSTANCES, THE CO-ORDINATE BENCH REMANDED 2 I.T.A. NO. 129/KOL/2018 ASSESSMENT YEAR: 2008-09 M/S. MORGAN VYAPAAR PRIVATE LTD THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR DECIDING THE MATTER AFRESH IN COMPLIANCE WITH SECTION 263 ORDER PASSED BY THE LD. CIT. 3. CONSISTENT WITH THE VIEW TAKEN THEREIN BY THE CO-ORDINATE BENCH, WE SET ASIDE THE MATTER TO THE FILE OF THE ASSESSING OFFICER TO PASS FRESH ORDERS IN COMPLIANCE WITH THE DIRECTIONS GIVEN BY THE LD. CIT IN HIS ORDER U/S 263 OF THE ACT. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 16 TH DAY OF JANUARY, 2019. SD/- SD/- [P.M. JAGTAP] [S.S. VISWANETHRA RAVI] VICE PRESIDENT JUDICIAL MEMBER DATED : 16.01.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. M/S. MORGAN VYAPAAR PRIVATE LTD C/O RAJESH MOHAN & ASSOCIATES UNIT-18, BAGATI HOUSE 5 TH FLOOR 34, GANESH CHANDRA AVENUE KOLKATA 700 013 2. INCOME TAX OFFICER, WARD-1(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES