M/s. Manrup Comtrade Pvt. Ltd., , Kolkata V. ITO, Ward - 9(1), Kolkata , Kolkata

ITA 1349/KOL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9930 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 19-06-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DHRUBJYOTI RAY DR
• Keywords: Unexplained cash credit

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D (VIRTUAL COURT HEARING), BENCH KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI S. S. GODARA, JM ./I.T.A NO.1349/KOL/2018 ( [ [ / ASSESSMENT YEAR: 2012-13) M/S MANRUP COMTRADE PVT. LTD. 5/1, CLIVE ROW, 4 TH FLOOR, ROOM NO.125, KOL-1. VS. ITO, WARD-9(1), KOLKATA ./ ./PAN/GIR NO.: AAOCS2809N (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI SUBASH AGARWAL, ADVOCATE RESPONDENT BY : SHRI DHRUBJYOTI RAY, DR, JCIT / DATE OF HEARING : 16/06/2020 /DATE OF PRONOUNCEMENT : 19/06/2020 / O R D E R PER SHRI S. S. GODARA: THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (A) - 18, KOLKATA DATED 06.03.2018 PASSED IN CASE NO.1115/CIT(A)-18/KOL/WD-9(1)/2015-16/F.SLNO.2069/17-18/KOL INVOLVING PROCEEDINGS U/S 144/143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. FOR THE REASONS STATED IN ASSESSEES CONDONATION PETITION EXPLAINING THE DELAY OF ATTRIBUTABLE TO COMMUNICATION GAP A COMPILATION OF NECESSARY RECORDS AS WELL AS ON ACCOUNT OF NO OBJECTION FROM THE REVENUE SIDE, WE CONDONE 35 DAYS DELAY IN FILING OF THE INSTANT APPEAL ON ACCOUNT OF CIRCUMSTANCES BEYOND CONTROL. THE CASE IS NOW TAKEN FOR ADJUDICATION ON MERITS. I.T.A NO.1349/KOL/2018 M/S MANRUP COMTRADE PVT. LTD. PAGE | 2 3. IT TRANSPIRES AT THE OUTSET THAT THE CIT(A)S LOWER APPELLATE ORDER AFFIRMING THE ASSESSING OFFICERS ACTION TREATING THE ASSESSEES SHARE CAPITAL/PREMIUM OF RS.52,75,00,000/- AS SECTION 68 UNEXPLAINED CASH CREDITS IN ASSESSMENT ORDER DATED 26.03.2015; HAS BEEN PASSED EX PARTE WITHOUT EVEN INDICATING AS TO WHETHER THE RELEVANT NOTICES OF HEARING STOOD SERVED OR NOT. COUPLED WITH THIS, THE ASSESSEES CLINCHING PLEA THAT IT HAD FILED VOLUMINOUS DOCUMENTARY EVIDENCE BEFORE THE ASSESSING OFFICER PROVING IDENTITY, GENUINENESS AND CREDITWORTHINESS OF THE INVESTOR PARTIES WHICH HAS NOWHERE BEEN CONSIDERED. ALL THIS HAS ALSO BEEN REMAINED UNREBUTTED FROM THE REVENUE SIDE. BE THAT AS IT MAY, LEARNED COUNSEL SUBMITS THAT THE ASSESSEE COULD NOT APPEAR BEFORE THE CIT(A) TO PURSUE ITS GRIEVANCE IN ABSENCE OF SERVICE OF NOTICE. WE THEREFORE DEEM IT APPROPRIATE IN THIS FACTUAL BACKDROP THAT LARGER INTEREST OF JUSTICE WOULD BE MET IN CASE THE LEARNED CIT(A) DECIDES THE MATTER AFRESH AS PER LAW. MORE SO WHEN THERE IS NO ADJUDICATION ON MERITS IN THE CIT(A)S EX PARTE ORDER UNDER CHALLENGE. WE ORDER ACCORDINGLY. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 19.06.2020. SD/- ( J. SUDHAKAR REDDY ) SD/- (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER /KOLKATA; / DATE: 19/06/2020 RS I.T.A NO.1349/KOL/2018 M/S MANRUP COMTRADE PVT. LTD. PAGE | 3 / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT- M/S MANRUP COMTRADE PVT. LTD. 2. THE RESPONDENT- ITO, WARD-9(1), KOLKATA 3. ( ) / THE CIT(A), KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.