Parvati Dealers Private Limited, Howrah V. ITO, Ward - 13(3), Kolkata, Kolkata

ITA 1337/KOL/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8897 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 06-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 143(3); 14A

Judgement Text

, A , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A KOLKATA BEFORE SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO.1337/KOL/2017 ASSESSMENT YEAR:2012-13 PARVATI DEALERS PVT. LTD., 128, SALKIA SCHOOL ROAD GROUND FLOOR, OPP. HOOGHLY DOCK, HOWRAH-711106 [ PAN NO.AAFCP 8300 C ] / V/S . INCOME TAX OFFICER, WARD-13(3), 110, SHANTI PALLI, OPPOSITE RUBY HOSPITAL, KASBA, E.M. BY-PASS, KOLKATA- 700017 /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI A.K. NAYAK, CIT-DR /DATE OF HEARING 12-12-2018 /DATE OF PRONOUNCEMENT 26-12-2018 /O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKATAS O RDER DATED 25.10.2016 PASSED IN CASE NO.256/CIT(A)-5/WD-13(3)/15-16, INVOLVING P ROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHES T DESPITE THE FACT THAT THE REGISTRY HAS ALREADY SENT AN RPAD NOTICE DATED 01.1 1.2018. WE THEREFORE TAKE UP THE MAIN APPEAL ITSELF FOR ADJUDICATION IN ASSES SEES ABSENCE. 2. THE ASSESSEES TWIN SUBSTANTIVE GROUNDS PLEADED IN THE INSTANT APPEAL CHALLENGE BOTH THE LOWER AUTHORITIES ACTION TREATING ITS SHA RE CAPITAL OF 26,24,70,000/- TO BE UNEXPLAINED CASH CREDITS AND FOLLOWED BY SEC. 14A R .W.S. RULE 8D DISALLOWANCE OF ITA NO. 1337/KOL/2017 A.Y. 2012-13 PAARVATI DEALERS PVT. LTD. VS. ITO WARD- 13(3), KOL. PAGE 2 1,64,744/-; RESPECTIVELY. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE CIT(A) HAS PASSED HIS LOWER APPELLATE ORDER EX PARTE AFTER NOTING THAT POSTAL AUTHORITIES HAD RETURNED THE RELEVANT HEARING NOTICE AS REMARKED N O SUCH COMPANY IN THIS ADDRESS HENCE NOT KNOWN. LEARNED DEPARTMENTAL REPRESENTATI VE VEHEMENTLY CONTENDS DURING THE COURSE OF HARING THAT CIT(A) HAS RIGHTLY AFFIRM ED ASSESSMENT FINDINGS MAKING THE ABOVE TWO ADDITION(S) IN THESE FACTS AND CIRCUMSTAN CES. WE FIND NO REASON TO CONCUR WITH THE REVENUES ABOVE ARGUMENTS. THE FACT REMAIN S THAT THE ASSESSEES ADDRESS HAS REMAINED SAME THROUGHOUT FROM ASSESSMENT TILL DATE. THE ASSESSING OFFICER HAD SUCCESSFULLY SERVED ALL THE SCRUTINY NOTICES DURING THE COURSE OF ASSESSMENT. WE THEREFORE TO CONCLUDE THAT THE ASSESSEE HAS NOT BEE N PROPERLY SERVED RELEVANT HEARING NOTICE IN LOWER APPELLATE PROCEEDINGS. COUPLED WITH THIS, WE FIND THAT THERE IS NO DETAILED DISCUSSION AT ALL IN THE CIT(A)S ORDER RE GARDING TWO ISSUES AS CONTEMPLATED U/S 250(6) OF THE ACT. WE THEREFORE RESTORE ASSESSE ES GRIEVANCE BACK TO THE CIT(A) FOR AFRESH ADJUDICATION AS PER LAW AFTER AFFORDING THREE EFFECTIVE OPPORTUNITIES OF HEARING SUBJECT TO PAYMENT OF 10,000/- AS COSTS. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 26/12/2018 SD/- SD/- ( &) (( &) (J.SUDHAKAR REDDY) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER *DKP-SR.PS ) - 26/12/2018 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-PARVATI DEALERS PVT. LTD., 128, SALKIA S CHOOL ROAD, GROUND FLOOR, OPP. HOOGHLY DOCK, HOWRAH-711106 2. /RESPONDENT-ITO, WARD-13(3), 110, SHANTI PALLI, OP. RUBY HOSPITAL, KASBA,E.M. BY-PASS, KOLKATA-107 3. , - / CONCERNED CIT 4. - - / CIT (A) 5. . ((, , , /DR, ITAT, KOLKATA 6. 2 / GUARD FILE. BY ORD ER/ , /TRUE COPY/ / ,,