M/s. Raudramukhi Marketing Pvt. Ltd., Kolkata V. ITO, Ward - 14(3), Kolkata , Kolkata

ITA 1359/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4759 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 22-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHESHYAM
• Keywords: Unexplained cash credit; Opportunity of being heard
• Section: 68; 143(3)

Judgement Text

ITA NO. 1359/KOL/2018 ASSESSMENT YEAR: 2012-2013 M /S. RAUDRAMUKHI MARKETING PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA D BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A. NO. 1359/KOL/2018 ASSESSMENT YEAR: 2012-2013 M/S. RAUDRAMUKHI MARKETING PVT. LIMITED,........... ..................APPELLANT 6, PAHTAGHAR ROAD, PANIHATI, KOLKATA-700 014 [PAN: AAFCR 6556 A] -VS.- INCOME TAX OFFICER,................................ ...................................RESPONDENT WARD-14(3), KOLKATA, AAYAKAR BHAWAN POORVAR, 110, SHANTI PALLY, KOLKATA-700 107 APPEARANCES BY: N O N E, FOR THE APPELLANT SHRI RADHESHYAM, CIT, D.R. , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : FEBRUARY 11, 2019 DATE OF PRONOUNCING THE ORDER : FEBRUARY 11, 2019 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKATA DAT ED 30.09.2016 PASSED EX-PARTE WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE FOR NON- PROSECUTION. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY, W HICH IS CARRYING ON FINANCIAL BUSINESS. THE RETURN OF INCOME FOR THE YE AR UNDER CONSIDERATION WAS FILED BY IT ON 28.09.2012 DECLARING TOTAL INCOM E OF RS.2,180/-. IN THE ASSESSMENT COMPLETED UNDER SECTION 143(3) VIDE AN O RDER DATED 28.03.2015, THE TOTAL INCOME OF THE ASSESSEE WAS DE TERMINED BY THE ASSESSING OFFICER AT RS.44,89,11,841/- AFTER MAKING , INTER ALIA, AN ADDITION OF RS.44,88,92,500/- UNDER SECTION 68 BY T REATING THE SHARE CAPITAL AND SHARE PREMIUM AMOUNT RECEIVED BY THE AS SESSEE-COMPANY ITA NO. 1359/KOL/2018 ASSESSMENT YEAR: 2012-2013 M /S. RAUDRAMUKHI MARKETING PVT. LIMITED 2 DURING THE YEAR UNDER CONSIDERATION TO THAT EXTENT AS UNEXPLAINED CASH CREDIT. 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEF ORE THE LD. CIT(APPEALS) AND SINCE THERE WAS NO SATISFACTORY CO MPLIANCE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HE ARING FROM TIME TO TIME, THE LD. CIT(APPEALS) DISMISSED THE APPEAL OF THE AS SESSEE VIDE HIS APPELLATE ORDER DATED 30.09.2016 PASSED EX-PARTE. A GGRIEVED BY THE ORDER OF THE LD. CIT(APPEALS), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. AT THE TIME OF HEARING FIXED TODAY, NONE HAS APP EARED ON BEHALF OF THE ASSESSEE. IT IS, HOWEVER, POINTED OUT BY THE AS SESSEE IN THE GROUND SPECIFICALLY RAISED THAT THE NOTICES OF HEARING FIX ED BY THE LD. CIT(APPEALS) WERE SENT TO THE WRONG ADDRESS AND THE SAME, THEREFORE, COULD NOT BE SERVED ON THE ASSESSEE RESULTING INTO NON-COMPLIANCE AND THIS POSITION WHICH IS CLEARLY EVIDENT EVEN FROM TH E IMPUGNED ORDER OF THE LD. CIT(APPEALS) IS NOT DISPUTED EVEN BY THE LD . D.R. HE HAS CONTENDED THAT THIS MATTER MAY, THEREFORE, BE SENT BACK TO TH E LD. CIT(APPEALS) FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON M ERIT AFTER GIVING THE ASSESSEE PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD. WE FIND MERIT IN THE CONTENTION OF THE LD. D.R. THE IMPUGNED ORDE R OF THE LD. CIT(APPEALS) PASSED EX-PARTE IS ACCORDINGLY SET ASI DE AND THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR D ECIDING THE SAME AFRESH ON MERIT AFTER GIVING THE ASSESSEE PROPER AND SUFFI CIENT OPPORTUNITY OF BEING HEARD. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATE D AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 11, 2019. SD/- SD/- (SATBEER SINGH GODARA) (P.M. JAGTAP) JUDICIAL MEMBER VICE -PRESIDENT (KZ) KOLKATA, THE 11 TH DAY OF FEBRUARY, 2019 ITA NO. 1359/KOL/2018 ASSESSMENT YEAR: 2012-2013 M /S. RAUDRAMUKHI MARKETING PVT. LIMITED 3 COPIES TO : (1) M/S. RAUDRAMUKHI MARKETING PVT. LIMITED, 6, PAHTAGHAR ROAD, PANIHATI, KOLKATA-700 014 (2) INCOME TAX OFFICER, WARD-14(3), KOLKATA, AAYAKAR BHAWAN POORVAR, 110, SHANTI PALLY, KOLKATA-700 107 (3) COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKATA , (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.