ITO, WD-12(3), KOLKATA, Kolkata V. M/s Action Tradelinks (P) Ltd., Kolkata

ITA 1409/KOL/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6023 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2019
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 23-11-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANKAR HALDER
• Keywords: Question of law
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENC H KOLKATA BEFORE SHRI A.T.VARKEY, JM &DR. A.L.SAINI, AM ./ITA NO.1409/KOL/2015 ( / ASSESSMENT YEAR: 2012-13) ITO, WARD-12(3), KOLKATA P-7, CHOWRINGHEE SQUARE, 7 TH FLOOR, KOLKATA-700069. VS. M/S ACTION TRADELINKS (P) LTD. 14/1A, ROY STREET, BACKSIDE, GROUND FLOOR, KOLKATA-700020. ./ ./PAN/GIR NO.: AAJCA 6424 C (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI SANKAR HALDER, JCIT SR. DR RESPONDENT BY : NONE / DATE OF HEARING : 31/12/2018 /DATE OF PRONOUNCEMENT : 23/01/2019 / O R D E R PER DR. A. L. SAINI: 1. THE CAPTIONED APPEAL FILED BY THE REVENUE, PER TAINING TO ASSESSMENT YEAR 2012-13, IS DIRECTED AGAINST AN ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS),-4, KOLKATA (IN SHORT THE LD. CIT(A)] IN APPEAL NO. 1914/CIT(A)-4/WARD-12(3)/KOL/14-15, WHICH IN TURN A RISE OUT OF AN ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3) O F THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT) DATED 13.03.2015. 2. AT THE OUTSET ITSELF, THE LD. DR FOR THE REVENUE SUBMITTED BEFORE THE BENCH THAT THIS IS THE APPEAL FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER OF THE LD. CIT(A). THE ISSUE INVOLVED IN THIS APPEAL IS RELATI NG TO ADDITION U/S 68 OF THE ACT TO THE TUNE OF RS. 5,81,00,000/-. THE LD. DR POINTE D OUT THAT THE SAID APPEAL WAS LISTED FOR HEARING IN 2015 ON SEVERAL DATES. NEITH ER THE ASSESSEE NOR THE AR OF THE M/S ACTION TRADELINKS (P) LTD. ITA NO.1409/KOL/2015 ASSESSMENT YEAR:2012-13 P PP PA AA AG GG GE EE E | || | 2 22 2 ASSESSEE APPEARED BEFORE THE TRIBUNAL. THE HONBLE TRIBUNAL HAS CONDUCTED 12 HEARINGS WHEREIN NEITHER THE ASSESSEE NOR THE AR WA S PRESENT THEREFORE THE LD. DR REQUESTED THE BENCH TO REMIT THE CASE BACK TO THE F ILE OF THE LD. CIT(A). THE LD. DR ALSO POINTED OUT THAT THE ISSUE INVOLVED IN THIS APPEAL RELATES TO FACTS AS WELL AS LAW THAT IS MIXED QUESTION OF FACTS AND LAW THEREFO RE IT SHOULD BE REMITTED BACK TO THE FILE OF THE LD. CIT(A) FOR DE NOVO ADJUDICATION . 3. AFTER HEARING THE LD. DR FOR THE REVENUE, WE NOT E THAT THE ASSESSEE HAS BEEN GIVEN 12 NOTICES OF HEARING BUT THE ASSESSEE DID NO T CARE TO ATTEND HEARINGS. IT SEEMS TO US THAT THE ASSESSEE IS NOT SERIOUS. LAW A SSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. WE NOTE THA T THIS APPEAL CONTAINS THE MIXED QUESTION OF LAW AND FACTS IT SO REQUIRES ASSISTANCE FROM LD. AR ALONG WITH PAPER BOOK AND FACTS THEREFORE WE THINK IT FIT AND APPROP RIATE TO REMIT THE ISSUE BACK TO THE FILE OF THE LD. CIT(A), HENCE WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMIT THE ISSUE BACK TO HIS FILE OF LD. CIT(A) FOR DE NOVO ADJUDICATION AFTER HEARING THE ASSESSEE AS WELL AS THE AO. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 23.01.20 19. SD/- ( A.T.VARKEY ) SD/- (A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA; / DATE: 23/01/2019 ( SB, SR.PS ) COPY OF THE ORDER FORWARDED TO: 1. ITO, WARD-12(3), KOLKATA 2. M/S ACTION TRADELINKS (P) LTD. 3. C.I.T(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 6. GUARD FILE. TRUE COPY BY ORDER ASSIST ANT REGISTRAR ITAT, KOLKA TA BENCHES M/S ACTION TRADELINKS (P) LTD. ITA NO.1409/KOL/2015 ASSESSMENT YEAR:2012-13 P PP PA AA AG GG GE EE E | || | 3 33 3