M/s Sadhana Stocks & Securities Pvt. Ltd., Mumbai V. A.C.I.T., Circle-11(2), Kolkata

ITA 1327/KOL/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7259 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 30-05-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI ROY
• Assessee Lawyers: MANISH TIWARI
• Keywords: Principle of natural justice

Judgement Text

1 ITA NO. 1327/KOL/2019 SADHNA STOCKS & SECURITIES PVT. LTD. AY 2009-10 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( )BEFORE . , /AND . # . $ , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VAR KEY, JM] I.T.A. NO. 1327/KOL/2019 ASSESSMENT YEAR: 2009-10 SADHNA STOCKS & SECURITIES PVT. LTD. (PAN: AADCS5139E) V VS. ASSISTANT COMMISSIONER OF INCOME- TAX, CIRCLE-11(2), KOLKATA. APPELLANT RESPONDENT FOR THE APPELLANT SHRI MANISH TIWARI, FCA FOR THE RESPONDENT SHRI DHRUBAJYOTI ROY, JCIT, SR. DR DATE OF HEARING 31.10.2019 DATE OF PRONOUNCEMENT 31.10.2019 ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A) 4, KOLKATA DATED 29.03.2019 FOR AY 2009-10. 2. AT THE OUTSET, AFTER PERUSING THE ORDER PASSED B Y THE LD. CIT(A), WE FIND THAT THE ASSESSEE HAS NOT APPEARED BEFORE THE LD. CIT(A) AND HENCE AN EX-PARTE ORDER WAS PASSED DISMISSING THE APPEAL OF THE ASSESSEE. THE ASSESSEE DEMONSTRATED BEFORE US THAT HE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE LD. CIT(A). THE LD. CIT(A) HAS NOT DISPOSED OFF THE CASE ON MERITS. THIS IS NOT IN ACC ORDANCE WITH LAW. HENCE, WE DEEM IT FIT TO RESTORE THE ISSUE TO THE FILE OF THE LD. CIT(A), FO R FRESH ADJUDICATION, IN ACCORDANCE WITH LAW, AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY OF B EING HEARD, ON THE GROUNDS OF NATURAL JUSTICE. 3. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (J. SUDHAKAR REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 31 ST OCTOBER, 2019 JD.(SR.P.S.) 2 ITA NO. 1327/KOL/2019 SADHNA STOCKS & SECURITIES PVT. LTD. AY 2009-10 COPY OF THE ORDER FORWARDED TO: 1)APPELLANT SADHNA STOCKS & SECURITIES PVT. LTD. , 501, 5 TH FLOOR, PLOT NO. 67A, PALM BEACH APARTMENTS, SIR POCHKHNWALA ROAD, WORLI COLON Y, WORLI, MUMBAI-400 030. 2) RESPONDENT ACIT, CIRCLE-11(2), KOLKATA. 3) CIT(A)-4, KOLKATA. (SENT THROUGH E-MAIL) 4)CIT , KOLKATA 5)DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL ) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR