Prity Tubes Pvt. Ltd., , Kolkata V. DCIT, Circle - 13(2), Kolkata, Kolkata

ITA 1292/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 3890 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 02-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. S.S.GODARA, JUDICIAL MEMBER AND DR.A.L.SAINI, ACCOUNTANT MEMBER ITA NO.1292/KOL/2017 [ASSESSMENT YEAR: 2012-13] PRITY TUBES PVT.LTD., C/O-D.J.SHAH & CO., KALYAN BHAVAN, 2 ELGIN ROAD, KOLKATA-700020. PAN-AACCP3151E VS DC IT, CIRCLE-13(2), 110, SHANTI PALLI, OPPOSITE RUBY HOSPITAL, KASBA, E.M.BY- PASS, KOLKATA-700107. (APPELLANT) (RESPONDENT) APPELLANT BY SH. M . D.S HAH, LD.AR RESPONDENT BY S H. K.MONDAL, SR.DR DATE OF HEARING 2 4 .0 9 .20 18 DATE OF PRONOUNCEMENT 26 .10.2018 ORDER PER S.S.GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR AY 2012-13 ARISES AGAINST THE ORDER DATED 15.03.2017 PASSED BY LEARNED CIT(A)-5, KOLKATA U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) CONFIRMING THE ASSESSING OFFICERS ACTION DISALLOWING ITS PURCHASE CLAIM OF RS.5,21,19,856/- TO BE BOGUS FOLLOWED BY SECTION 14A R.W.RULE 8D DISALLOWANCE OF RS.71,416/- MADE IN THE COURSE OF ASSESSMENT FRAMED ON 30.03.2015, INVOLVING PROCEEDINGS U/S 143(3) OF THE ACT. 2. HEARD BOTH THE PARTIES AND REITERATING THEIR RESPECTIVE STANDS IN SUPPORT OF THE IMPUGNED TWIN DISALLOWANCES/ADDITIONS. CASE FILED PERUSED. 3. IT EMERGES AT THE OUTSET FROM THE INSTANT CASE FILED THAT THE LD.CIT(A) HAS PASSED HIS LOWER APPELLATE ORDER EX-PARTE AGAINST THE ASSESSEE WHILE AFFIRMING THE ASSESSING OFFICERS ACTION DISALLOWING ASSESSEES PURCHASE OF RS.5,21,19,856/- AS BOGUS AS WELL AS INVOKING SECTION 14A R.W.RULE 8D DISALLOWANCE OF RS.71,416/- RESPECTIVELY. LEARNED DR VEHEMENTLY SUBMITTED DURING THE COURSE OF HEARING THAT THE ASSESSEE DID NOT PUT IN APPEARANCE IN THE LAST THREE DATES OF HEARING I.E. 04.10.2016, 16.02.2017 AND 14.03.2017. WE FIND NO MERIT IN THE INSTANT ARGUMENTS AS THERE IS NOT EVEN A SINGLE OBSERVATION ABOUT THE ACTUAL SERVICE OF ITA NO.1292/KOL/2017 [ASSESSMENT YEAR: 2012-13] PAGE | 2 CORRESPONDING HEARING NOTICE IN LEARNED CIT(A)S ORDER. COUPLED WITH THIS, IT IS EVIDENT THAT LEARNED CIT(A) HAS NOWHERE DISCUSSED THE RELEVANT EVIDENCE AVAILABLE IN THE CASE FILED RUNNING INTO ALMOST 300 PAGES IN SUPPORT OF GENUINENESS OF THE IMPUGNED PURCHASES AS STIPULATED U/S 250(6) OF THE ACT. WE THEREFORE RESTORE THE INSTANT APPEAL BACK TO LEARNED CIT(A) FOR FRESH ADJUDICATION AS PER LAW AFTER GIVING ADEQUATE OPPORTUNITY OF HEARING BEING HEARD TO THE ASSESSEE. 5. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 26.10.2018. SD/- SD/- (A.L.SAINI) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 26.10.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- PRITY TUBES PVT.LTD., C/O-D.J.SHAH & CO., KALYAN BHAVAN, 2 ELGIN ROAD, KOLKATA-700020. 2. RESPONDENT- DCIT, CIRCLE-13(2), 110, SHANTI PALLI, OPPOSITE RUBY HOSPITAL, KASBA, E.M.BY-PASS, KOLKATA-700107. 1. CIT-KOLKATA 2. CIT(APPEALS)-KOLKATA 3. DR: ITAT-KOLKATA BENCHES SR.P.S./H.O.O ITAT, KOLKATA