M/s. Rishabh Promoters Pvt. Ltd., , Kolkata V. ITO, Ward - 11(2), Kolkata , Kolkata

ITA 1488/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5245 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 11-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SITAL CHANDRA DAS
• Assessee Lawyers: V N PUROHIT; H BHARADWAJ
• Section: 143(3); 14A

Judgement Text

I.T.A. NO 1488/KOL/2018 ASSESS MENT YEAR: 2013-2014 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) I.T.A. NO. 1488/KOL/2018 ASSESSMENT YEAR: 2013-2014 M/S. RISHABH PROMOTERS PVT. LIMITED,............... ................................APPELLANT 22A, GORACHAND ROAD, FLAT NO. 1A, PARK CIRCUS, KOLKATA-700 014 [PAN: AABCR 2612 M] -VS.- INCOME TAX OFFICER,................ ................RESPONDENT WARD-11(2), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: SHRI V.N. PUROHIT, A.R. & SHRI H. BHARADWAJ, A.R., FOR THE APPELLANT SHRI SITAL CHANDRA DAS, ADDL. CIT, SR. D.R. , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : OCTOBER 22, 2018 DATE OF PRONOUNCING THE ORDER : OCTOBER 22, 2018 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATA DAT ED 13.06.2018, WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE EX-PARTE. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY, W HICH IS ENGAGED IN REAL ESTATE BUSINESS. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY IT ON 19.09.2013 DECLARI NG A LOSS OF RS.57,826/-. IN THE ASSESSMENT COMPLETED UNDER SECT ION 143(3) VIDE AN ORDER DATED 28.03.2016, THE FOLLOWING ADDITIONS WER E MADE BY THE ASSESSING OFFICER TO THE TOTAL INCOME OF THE ASSESS EE: (I) DISALLOWANCE UNDER SECTION 14A RS. 57,988/ - (II) DISALLOWANCE OF DONATION RS. 7,000/ - I.T.A. NO 1488/KOL/2018 ASSESS MENT YEAR: 2013-2014 PAGE 2 OF 3 (III) DISALLOWANCE OF ESTABLISHMENT CHARGES RS.2,40,288/ - (IV) DISALLOWANC E OF BONUS RS. 47,700/ - 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEF ORE THE LD. CIT(APPEALS) DISPUTING ALL THE ADDITIONS MADE BY TH E ASSESSING OFFICER TO ITS TOTAL INCOME. THE ACTION OF THE ASSESSING OFFIC ER IN DISALLOWING ITS CLAIM FOR SET OFF OF CARRIED FORWARD LOSS OF RS.47, 551/- FOR A.Y. 2011-12 WAS ALSO CHALLENGED BY THE ASSESSEE IN THE SAID APP EAL. THE LD. CIT(APPEALS), HOWEVER, DISMISSED THE APPEAL OF THE ASSESSEE VIDE HIS APPELLATE ORDER DATED 13.06.2018 PASSED EX-PARTE ON THE GROUND THAT THERE WAS NO SATISFACTORY AND PROPER COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SA ID APPEAL FOR HEARING FROM TIME TO TIME. AGGRIEVED BY THE ORDER OF THE LD . CIT(APPEALS), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBU NAL. 4. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, NONE OF THE NOTICES ISSUED BY THE LD. CIT(APPEALS) FIXING THE APPEAL FOR HEARING ON 14.02.2018, 12.03.2018, 09.04 .2018 AND 07.05.2018 WAS RECEIVED BY THE ASSESSEE. HE HAS SUBMITTED THAT THE ONLY NOTICE THAT THE ASSESSEE RECEIVED WAS FOR THE HEARING FIXED ON 11.06.2018 WHEN ADJOURNMENT WAS DULY SOUGHT BY THE ASSESSEE BY FILI NG AN APPLICATION IN WRITING. HE HAS ALSO FILED A COPY OF THE SAID APPLI CATION DULY RECEIVED BY THE OFFICE OF THE LD. CIT(APPEALS) ON 11.06.2018. K EEPING IN VIEW THESE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSE E, WHICH ARE DULY SUPPORTED BY AN AFFIDAVIT FILED BY THE DIRECTOR OF THE ASSESSEE-COMPANY AFFIRMING THE RELEVANT FACTS ON OATH, I AM OF THE V IEW THAT THERE WAS A SUFFICIENT CAUSE FOR THE NON-APPEARANCE OF THE ASSE SSEE DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE THE LD. CIT(APPEALS ) WHEN ITS APPEAL WAS FIXED FOR HEARING FROM TIME TO TIME. I, THEREFORE, SET ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT(APPEALS) EX-PARTE AND REMIT THE MATTER BACK I.T.A. NO 1488/KOL/2018 ASSESS MENT YEAR: 2013-2014 PAGE 3 OF 3 TO THE LD. CIT(APPEALS) FOR DECIDING THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER GIVING PROPER AND SUFFICIENT OPPORTUNIT Y OF BEING HEARD TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON OCTOBER 22, 2 018. SD/- (P.M. JAGTAP) VICE-PRESIDENT (KZ) KOLKATA, THE 22 ND DAY OF OCTOBER, 2018 COPIES TO : (1) M/S. RISHABH PROMOTERS PVT. LIMITED, C/O. V.N. PUROHIT & CO., CHARTERED ACCOUNTANTS, DIAMOND CHAMBERS, UNIT-III, 4 TH FLOOR, SUIT NO. 4G, 4, CHOWRINGHEE LANE, KOLKATA-700 016 (2) INCOME TAX OFFICER, WARD-11(2), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKA TA, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.