M/s West Bengal Agro Textile Corporation Ltd., Kolkata V. A.C.I.T.,Circle-8(2), Kolkata

ITA 1404/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3299 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 07-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI RAY
• Keywords: Opportunity of being heard
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER] I.T.A. NO. 1404/KOL/2019 ASSESSMENT YEAR: 2014-15 M/S. WEST BENGAL AGRO TEXTILE CORP. LTD.....................................................................APPELLANT [PAN: AAACW 4132 G] VS. ACIT, CIRCLE-8(2), KOLKATA......................................................................RESPONDENT APPEARANCES BY: NONE APPEARED ON BEHALF OF THE ASSESSEE. SH. DHRUBAJYOTI RAY, JCIT, SR. DR, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 06 TH , 2019 DATE OF PRONOUNCING THE ORDER : NOVEMBER 27 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-15, KOLKATA [CIT(A) FOR SHORT] DATED 29.03.2019 U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT) FOR THE AY 2014-15. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS NO PETITION FILED FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES I DISPOSE OFF THE CASE EX-PARTE QUA THE ASSESSEE. 3. I FIND THAT THE LD. CIT(A) HAS PASSED AN EX-PARTE ORDER. THE APPEAL HAS NOT BEEN DISPOSED OFF ON MERITS. THIS IS NOT PERMISSIBLE IN LAW. HENCE, I RESTORE THE MATTER TO THE FILE OF THE LD. CIT(A) FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY OF BEING HEARD. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 27 TH NOVEMBER, 2019. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 27.11.2019 BIDHAN 2 I.T.A. NO. 1404/KOL/2019 ASSESSMENT YEAR: 2014-15 M/S. WEST BENGAL AGRO TEXTILE CORP. LTD. COPY OF THE ORDER FORWARDED TO: 1. M/S. WEST BENGAL AGRO TEXTILE CORP. LTD., CHATTERJEE INTERNATIONAL, ROOM NO. 11 & 12, 33A, J.L. NEHRU ROAD, KOLKATA-700 071 2. ACIT, CIRCLE-8(2), KOLKATA. 3. CIT(A)-15, KOLKATA. (SENT THROUGH E-MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES