Shri Raj Shekhar Agarwal , Howrah V. ITO, Ward - 46(1), Kolkata , Kolkata

ITA 1443/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4394 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 05-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Assessee Lawyers: SHIKHA AGA RWAL ACA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1443/KOL/2018 ASSESSMENT YEAR:2014-15 SHRI RAJ SHEKHAR AGARWAL, 11, SHREE ARVIND ROAD, BANDHAGHAT, HOWRAH-711106 [ PAN NO.ABDPA 2812 Q ] / V/S . INCOME TAX OFFICER, WARD-46(1), AAYAKAR BHAWAN, 3, GOVT. PLACE (WEST0, 2 ND FLOOR, KOLKATA-001 /APPELLANT .. /RESPONDENT /BY APPELLANT SHIKHA AGARWAL, ACA /BY RESPONDENT SHRI C.J. SINGH, ADDL. CIT-DR /DATE OF HEARING 11-10-2018 /DATE OF PRONOUNCEMENT 31-10-2018 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-14, KOLKATAS ORDER DATED 21.05.2018 PASSED IN CASE NO.05/CIT(A)-14/WD-46(1)/2016-17 AFFIRMING THE ASSESSING OFFICERS ACTION DISALLOWING AN AMOUNT OF 22,11,430/- ON ACCOUNT OF SHARE TRANSACTIONS OUT O F WHICH AN AMOUNT OF 80,500/- IS ONLY STATED TO HAVE BEEN BELONGED TO HI M IN PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. I NOTICE AT THE OUTSET THAT THE CIT(A) HAS PASSE D HIS LOWER APPELLATE ORDER EX PARTE AGAINST THE ASSESSEE. LEARNED DEPARTMENTAL REPRESE NTATIVE TAKES ME TO PAGE-2 IN PARA 2 IN CIT(A)S ORDER INDICATING THREE NOTICE(S) OF HEARINGS DATED 12.01.2018, 21.02,2018 & 12.04.2018 FIXING THE DATE(S) ON 24.01 .2018, 06.03.2018 AND ITA NO. 1443/KOL/2018 A.Y. 2014 -15 SH. RAJ SHEKHAR AGARWAL VS. ITO WD-46(1), KOL. PAGE 2 20.04.2018; RESPECTIVELY. HE FAILS TO INDICATE EVEN A SINGLE OBSERVATION IN THE ABOVE QUOTED PORTION SUGGESTING ACTUAL SERVICE OF NOTICE ON TAXPAYERS ADDRESS WHICH HAS REMAINED THE SAME DURING THE COURSE OF ASSESSMENT T ILL DATE. THE FACT ALSO REMAINS THAT CIT(A) HAS NOT APPLIED HIS MIND ON MERITS AT ALL AS STIPULATED U/S 250(6) OF THE ACT. I THEREFORE DEEM IT APPROPRIATE THAT LARGER INTEREST OF JUSTICE WOULD BE SERVED IN CASE THAT INSTANT APPEAL IS RESTORED BACK TO THE FILE OF CIT( A) FOR AFRESH ADJUDICATION. IT IS MADE CLEAR THAT ASSESSEE WOULD BE ENTITLED FOR THREE EFF ECTIVE OPPORTUNITIES OF HEARING FOR PRESENTING HIS CASE FAILING WHICH MY INSTANT DIRECT IONS WOULD STAND VACATED. 3. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTIC AL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 31/10/2018 SD/- (S.S. GODARA) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS - 31/10/2018 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SHRI RAJ SHEKHAR AGARWAL, 11, SHREE ARVI ND ROAD, BANDHAGHA HOWRAH-711 106 2. /RESPONDENT-ITO WD-46(1), AAYAKAR BHAWAN,3 GOVT. PL ACE (WEST) KOL-001 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ',