M/s Hindusthan Engineering & Ind. Ltd., Kolkata V. DCIT, CIR-3, KOLKATA, Kolkata

ITA 147/KOL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1263 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 02-02-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KALYAN NATH
• Assessee Lawyers: SUJAY SEN

Judgement Text

ITA NO.147/KOL/2016 M/S. HINDUSTHAN ENGINEERING & I ND. LTD . A.Y.2007-08 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH D KOL KATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM & SHRI A.T.VARKEY, JM ] ITA NO.147/KOL/2016 ASSESSMENT YEAR : 2007-08 M/S.HINDUSTHAN ENGINEERING & IND.LTD. -VERSUS- D.C.I.T.CIRCLE-3, (UNIT:M/S.MALANPUR STEEL LTD. SINCE MERGED) KOLKA TA KOLKATA (PAN: AAACH6603 D) (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI SUJAY SEN, ADVOCATE FOR THE RESPONDENT: SHRI KALYAN NATH, ADDL.CIT DATE OF HEARING : 27.09.2017. DATE OF PRONOUNCEMENT : 13.10.2017 ORDER PER J.SUDHAKAR REDDY, AM: THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX-(A)-5, KOLKATA RELATING TO A.Y. 2007-08. 2. AT THE TIME OF HEARING IT WAS BROUGHT TO OUR NOT ICE THAT THE ASSESSEE COMPANY M/S. MALANPUR STEEL LTD. HAS MERGED WITH M/S. HINDUSTHAN ENGINEERING & IND. LTD W.E.F. 01.04.2009. THE AO HAS PASSED THE ASSESSMENT ORDER ON 14.11.2009 ON THE MERGED COMPANY I.E. M/S. MALANPUR STEEL LTD. THE BOARD FO R INDUSTRIAL AND FINANCIAL RECONSTRUCTION BENCH-1 HAD PASSED AN ORDER ON 04.09 .2012 SANCTIONING THE SCHEME. THE MERGED COMPANY M/S. MALANPUR STEEL LTD FILED AN APPEAL BEFORE THE LD. CIT(A) AND THE LD. CIT(A) PASSED AN ORDER IN THE NAME OF T HE MERGED COMPANY ON 15.12.2015. THEREAFTER THE SUCCESSIVE COMPANY M/S. HINDUSTHAN ENGINEERING & IND. LTD HAS FILED THE APPEAL BEFORE US. 3. IN OUR VIEW THE ISSUE WHETHER THE ASSESSMENT ORDER AND ORDER OF THE LD. CIT(A) WERE PASSED IN THE NAME OF THE AMALGAMATED COMPANY, WAS NOT RAISED BEFORE THE FIRST APPELLATE AUTHORITY. THIS IS A JURISDICTIONAL ISSUE GOING INTO THE ROOT OF THE MATTER. ITA NO.147/KOL/2016 M/S. HINDUSTHAN ENGINEERING & I ND. LTD . A.Y.2007-08 2 THIS LEGAL ISSUE HAS BEEN RAISED BEFORE US FOR THE FIRST TIME. WE ARE OF THE OPINION THAT THE LD. CIT(A) SHOULD FIRST CONSIDER THIS ISSUE. HE NCE THIS ISSUE IS SET ASIDE TO THE FILE OF THE FIRST APPELLATE AUTHORITY FOR ADJUDICATION I N ACCORDANCE WITH LAW. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSE. O RDER PRONOUNCED IN THE COURT ON 13.10.2017. SD/- SD/- [A.T.VARKEY] [ J.SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 13.10.2017. [RG SR.PS] COPY OF THE ORDER FORWARDED TO: 1.M/S. HINDUSTHAN ENGINEERING & IND. LTD. (UNIT: M/ S. MALANPUR STEEL LTD. SINCE MERGED), C/O SALARPURIA JAJODIA & CO., 7, C.R.AVENU E, KOLKATA-700072. 2. D.C.I.T., CIRCLE-3, KOLKATA. 3. C.I.T.(A)- 5, KOLKATA 4. C.I.T-5, KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER, SENIOR PRIVATE SECRETARY HEAD OF OFFICE/D.D.O, ITAT KOLKATA BENCHES