M/s Pratigyan Fintrade Pvt. Ltd., Kolkata V. THE ITO, WD-3(4), KOLKATA, Kolkata

ITA 1466/KOL/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5099 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2002-2003
• Appeal Filed On: 11-12-2015
• Court: TRIBUNAL
• Department Lawyers: MD GHAYAS UDDIN
• Assessee Lawyers: VARSHA JALAN
• Keywords: Opportunity of being heard
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: K OLKATA [BEFORE SHRI MAHAVIR SINGH, JM] I.T.A NO.1466/KOL/2015 ASSESSMENT YEAR: 2002-03 M/S. PRATIGYAN FINTRADE (P) LTD. VS. INCOME-TAX OFFICER, WD-3(4), KOLKATA (PAN: AABCP4109K) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 23.02.2016 DATE OF PRONOUNCEMENT: 23.02.2016 FOR THE APPELLANT: MS. VARSHA JALAN, ADVOCATE FOR THE RESPONDENT: MD. GHAYAS UDDIN, JCIT, SR. DR ORDER THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-5, KOLKATA VIDE APPEAL NO. 237/CIT(A)-5/WD-1(4)/11-12/14-15 DATED 06.11.2015. ASSESSMENT WAS FRAMED BY ITO, WD- 3(4), KOLKATA U/S. 254/144 OF THE INCOME TAX ACT, 1 961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2002-03 VIDE HIS ORDER DATED 16.12. 2010. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE STA TED THAT THERE ARE TWO ISSUES IN THIS APPEAL OF ASSESSEE AGAINST THE ORDER OF CIT(A) CONFIRMING THE ADDITION OF COMMISSION OF RS.24,000/- AND ADDITION OF RS.1.5 LACS BEING CASH DEPOSIT MADE TO BANK. LD. COUNSEL FOR THE ASSESSEE STATED THAT THE ASSESSMENT FRAMED IS U/S. 144 OF THE ACT W ITHOUT PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. SHE ALSO DREW MY ATTE NTION TO THE FINDINGS OF CIT(A) WHICH ARE NON-SPEAKING AND CRYPTIC. WHEN A QUERY WAS PUT TO LD. SR. DR, HE FAIRLY CONCEDED THAT THE TWO ISSUES CAN BE REMITTED BACK TO THE FILE OF AO. IN THIS POSITION, I RESTORE THE ISSUE BACK TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION AFFORDING REASONAB LE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 3. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (MAHAVIR SINGH) JUDICIAL MEMBER DATED : 23RD FEBRUARY, 2016 JD. SR. P.S COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. PRATIGYAN FINTRADE (P) LTD., P-27, PRINCEP STREET, 3 RD FLOOR, KOL-72 2. RESPONDENT ITO, WARD-3(4), KOLKATA. 3. CIT(A) , KOLKATA 4. CIT , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .