Devesh Dealmark Private Limited, Kolkata V. ITO, Ward - 9(1), Kolkata, Kolkata

ITA 1549/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2614 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 29-06-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GOULEN HANGSHING
• Assessee Lawyers: S M SURANA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER) ITA NO. 1549/KOL/2017 ASSESSMENT YEAR: 2012-13 DEVESH DEALMARK PRIVATE LIMITED.........................APPELLANT 369/14, DAKSHINDARI ROAD NARMADA APARTMENT 4 TH FLOOR, FLAT NO.9 KOLKATA 700 048 [PAN : AADCD 8596 N] VS. INCOME TAX OFFICER, WARD-9(1), KOLKATA......................RESPONDENT APPEARANCES BY: SHRI S.M. SURANA, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE . SHRI GOULEN HANGSHING, SR. D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : OCTOBER 16 TH , 2018 DATE OF PRONOUNCING THE ORDER : NOVEMBER 9 TH , 2018 ORDER PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-16, KOLKATA, (HEREINAFTER THE LD. CIT(A)), DT. 17/02/2017, PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT), RELATING TO ASSESSMENT YEAR 2012-13. 2. AFTER HEARING RIVAL CONTENTIONS, WE ARE CONVINCED THAT THE LD. CIT(A) HAS NOT PASSED A SPEAKING ORDER IN THIS CASE. HE HAS NOT MET THE CONTENTIONS OF THE ASSESSEE. UNDER THESE CIRCUMSTANCES, WE SET ASIDE THE MATTER TO THE FILE OF THE LD. CIT(A), FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW, AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY OF BEING HEARD AND DISPOSE OFF THE APPEAL BY WAY OF A SPEAKING ORDER. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 9 TH DAY OF NOVEMBER, 2018. SD/- SD/- [S.S. VISWANETHRA RAVI] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 09.11.2018 {SC SPS} 2 ITA NO. 1549/KOL/2017 ASSESSMENT YEAR: 2012-13 DEVESH DEALMARK PRIVATE LIMITED COPY OF THE ORDER FORWARDED TO: 1. DEVESH DEALMARK PRIVATE LIMITED 369/14, DAKSHINDARI ROAD NARMADA APARTMENT 4 TH FLOOR, FLAT NO.9 KOLKATA 700 048 2. INCOME TAX OFFICER, WARD-9(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES