Jalan Finvest Pvt. Ltd., Kolkata V. ITO, Ward - 1(1), Kolkata, Kolkata

ITA 1540/KOL/2011

• Counselvise Citation: 154023514 RSA 2011
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2011
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 11-11-2011
• Court: TRIBUNAL
• Department Lawyers: M BHATTACHARYA
• Keywords: Opportunity of being heard

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH B, KOLKATA () BEFORE , ,, , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND . .. .!' !'!' !'. .. . , #$ SHRI C.D.RAO, ACCOUNTANT MEMBER % % % % / ITA NO.1540/KOL/2011 &' ()/ ASSESSMENT YEAR : 2006-07 (+, / APPELLANT ) JALAN FINVEST PVT. LTD., KOLKATA (PAN: AAACJ 6648 J) - & - - VERSUS - . (./+,/ RESPONDENT ) I.T.O., WARD-1(1), KOLKATA +, 0 1 #/ FOR THE APPELLANT: NONE ./+, 0 1 #/ FOR THE RESPONDENT: SHRI M.BHATTACHARYA 2&3 0 '$ /DATE OF HEARING : 12.12.2011. 4( 0 '$ /DATE OF PRONOUNCEMENT : 15.12.2011. #5 / ORDER ( (( ( . .. .!' !'!' !'. .. . ) )) ), , , , #$ PER SHRI C.D.RAO, AM THE ABOVE APPEAL IS FILED BY ASSESSEE AGAINST THE O RDER DATED 30.06.2010 OF THE LD. CIT(A)-I, KOLKATA PERTAINING TO A.YR.2006-07. 2. THE GROUNDS OF APPEAL RAISED BY ASSESSEE READ AS UNDER :- 1. FOR THAT THE ORDER OF ASSESSMENT AS WELL AS ORD ER OF APPEAL IS BAD IN LAW AND SHOULD QUASHED. 2. FOR THAT THE WRITTEN SUBMISSION FILED IN APPEAL WAS NOT CONSIDERED. 3. FOR THAT THE REVISED COMPUTATION FILED AT THE TI ME OF ASSESSMENT WAS NOT CONSIDERED. 4. FOR THAT YOUR APPELLANT RESERVES THE RIGHT OF AD DUCING ADDITIONAL GROUNDS AT THE TIME OF HEARING. 2 3. AT THE TIME OF HEARING NO ONE APPEARED ON BEHALF OF ASSESSEE. HENCE, THIS APPEAL IS DISPOSED OF AFTER HEARING THE LD. DR AND ON PERUSAL OF MATERIALS AVAILABLE ON RECORD 4. IN THE SECOND GROUND RAISED BY ASSESSEE IT WAS MENTIONED THAT THE LD. CIT(A) HAS NOT TAKEN INTO CONSIDERATION THE WRITTEN SUBMIS SIONS FILED BEFORE HIM. IN GROUND NO.3 RAISED BY ASSESSEE IT WAS MENTIONED THAT THE R EVISED COMPUTATION AT THE TIME OF ASSESSMENT WAS NOT CONSIDERED. HOWEVER IT IS OBSERV ED FROM THE IMPUGNED ORDER THAT THE LD. CIT(A) HAS MENTIONED THE GROUNDS RAISED BY ASSESSEE AS WELL AS WRITTEN SUBMISSIONS FILED BY ASSESSEE. BUT HE DISPOSED OF T WO GROUNDS I.E. THE FIRST ISSUE WHICH RELATES TO DISALLOWANCE OF SERVICE TAX BY ALL OWING THE GROUND OF ASSESSEE AND THE SECOND ISSUE IN RESPECT OF DISALLOWANCE OF OFFI CE MAINTENANCE HAS BEEN DISMISSED BY OBSERVING THAT ASSESSEE HAS NOT PRESSED THIS GRO UND AND SUBMITTED A LETTER IN THIS REGARD. HOWEVER, FROM THE WRITTEN SUBMISSION WHICH WERE INCORPORATED BY THE LD. CIT(A) IT WAS APPEARED THAT ASSESSEE HAS NOT PRESSE D THE GROUND IN RESPECT OF DISALLOWANCE OF OFFICE MAINTENANCE. THE GROUNDS RAI SED BY ASSESSEE BEFORE US IN RESPECT OF REVISED COMPUTATION FILED AT THE TIME OF ASSESSMENT HAS NOT BEEN CONSIDERED BY THE LD. CIT(A). THEREFORE IN THE INTEREST OF JUS TICE, WE SET ASIDE ORDERS OF THE LD. CIT(A) AND RESTORE THE ENTIRE MATTER TO THE FILE OF THE LD. CIT(A) TO DISPOSE OF AS PER LAW AFTER GIVING A REASONABLE OPPORTUNITY OF BEING HEARD TO ASSESSEE. 5. IN THE RESULT THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 6 7 &86 9$0 :;# # <= > ? @ A ORDER PRONOUNCED IN THE COURT ON 15.12.2011. SD/- SD/- , , , , MAHAVIR SINGH, JUDICIAL MEMBER . .. .!' !'!' !'. .. . , , , , #$ #$ #$ #$ , C.D.RAO, ACCOUNTANT MEMBER. ( (( ('$ '$ '$ '$) )) ) DATE: 15.12.2011. R.G. (.P.S.) 3 #5 0 .B C#B(7- COPY OF THE ORDER FORWARDED TO: 1. JALAN FINVEST PVT. LTD., 8, B.B.GANGULY STREET, KOL KATA-700012. 2 THE I.T.O., WARD-1(1), KOLKATA.. 3. THE CIT, 4. THE CIT(A)-I., KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA /B ./ TRUE COPY, #5&2/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES