Whitestone Sales Pvt. Ltd., Kolkata V. DCIT, Circle - 6(2), Kolkata, Kolkata

ITA 1430/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6248 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 14-06-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A K TIWARI
• Assessee Lawyers: M D SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [BEFORE SRI S.S. GODARA, JUDICIAL MEMBER& SRI M. BALAGANESH, ACCOUNTANT MEMBER] I.T.A. NO. 1430/KOL/2017 ASSESSMENT YEAR: 2013-14 WHITESTONES SALES PVT. LTD..................................APPELLANT C/O. D.J. SHAH & CO KALYAN BHAWAN 2, ELGIN ROAD KOLKATA 700 020 [PAN AAACH 2608 R] DCIT, CIRCLE 6(2), KOLKATA.........................RESPONDENT AYAKAR BHAWAN P-7, CHOWRINGHEE SQUARE KOLKATA 700 069 APPEARANCES BY: SHRI M.D. SHAH, AR ,APPEARED ON BEHALF OF THE ASSESSEE. SHRI A.K. TIWARI. CIT, DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : 14.06.2018 DATE OF PRONOUNCING THE ORDER : 04.07.2018 ORDER PER S.S. GODARA, JM :- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2013-14 CHALLENGES CORRECTNESS OF THE COMMISSIONER OF INCOME TAX (APPEALS) 2, KOLKATAS ORDER DATED 24/03/2017 UPHOLDING THE ASSESSING OFFICERS ACTION ADDING ITS SHARE APPLICATION MONEY OF RS.67,40,000/- U/S 68 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) AS WELL AS VARIOUS OTHER ADDITIONS MADE IN ASSESSMENT ORDER DATED 30/03/2016 INVOLVING PROCEEDINGS U/S 143(3) OF THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. WE NOTICE AT THE OUTSET THAT THE CIT(A)S LOWER APPELLATE ORDER IS PASSED EX- PARTE. HE RECORD IN PAGES 2 & 3 THEREOF THAT HE HAD FIXED HEARINGS ON 29/09/2016, 22/11/2016, 24/01/2017 & 21/03/2017 IN LOWER APPELLATE PROCEEDINGS. THE SAID OBSERVATIONS REVEAL THAT THE ASSESSEE HAD APPLIED FOR ADJOURNMENT ON FORMER THREE OCCASIONS WHEREAS IT DID NOT APPEAR ON THE LAST DATE OF HEARING. THIS HAS MADE THE CIT(A) TO CONFIRM ALL THE ADDITIONS INCLUDING THAT OF UNEXPLAINED SHARE APPLICATION MONEY (SUPRA) IN QUESTION. 2 I.T.A. NO. 1430/KOL/2017 ASSESSMENT YEAR: 2013-14 WHITESTONES SALES PVT. LTD 4. LEARNED COUNSEL FOR THE ASSESSEE, ITS AUTHORISED PERSONS AFFIDAVIT DATED 12/06/2018 SOLEMNLY AFFIRMING THEREIN THAT HE HAD FAILED TO APPEAL ON THE LAST DATE OF HEARING IN LOWER APPELLATE PROCEEDINGS I.E. 21/03/2017. COUPLED WITH THIS, IT EMERGES THAT THE CIT(A) HAS NOT CONSIDERED ANY EVIDENCE AT ALL WHILST AFFIRMING THE ASSESSING OFFICERS ACTION MAKING VARIOUS ADDITIONS FORMING SUBJECT MATTER OF THE DISPUTE BETWEEN THE PARTIES. WE MAKE IT CLEAR THAT SECTION 250(6) OF THE ACT DEALING WITH SUCH LOWER APPELLATE ADJUDICATION STIPULATES POINTS OF DETERMINATION AS WELL AS DETAILED FINDINGS TO FORM PART OF AN APPELLATE AUTHORITYS ORDER. WE TAKE INTO ACCOUNT ALL THESE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE TO RESTORE THE INSTANT ISSUE BACK TO CIT(A) FOR FRESH ADJUDICATION AS PER LAW AFTER AFFORDING ADEQUATE OPPORTUNITY OF HEARING. 5. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTICAL PURPOSES IN ABOVE TERMS. KOLKATA, THE 4 TH DAY OF JULY, 2018. SD/- SD/- [M. BALAGANESH] [ S.S. GODARA ] ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATED : 04.07.2018 {SC SPS} 3 I.T.A. NO. 1430/KOL/2017 ASSESSMENT YEAR: 2013-14 WHITESTONES SALES PVT. LTD COPY OF THE ORDER FORWARDED TO: 1. WHITESTONES SALES PVT. LTD C/O. D.J. SHAH & CO KALYAN BHAWAN 2, ELGIN ROAD KOLKATA 700 020 2. DCIT, CIRCLE 6(2), KOLKATA AYAKAR BHAWAN P-7, CHOWRINGHEE SQUARE KOLKATA 700 069 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES