M/s. Dhanlabh Investment Management (P) Ltd., , Kolkata V. ITO, Ward - 1(1), Kolkata , Kolkata

ITA 1557/KOL/2018

• Counselvise Citation: [2020] 112 COUNSELVISE.COM (IT) 0167 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 19-07-2018
• Court: TRIBUNAL

Judgement Text

1 ITA NO. 1557/KOL/2018 DHANLABH INVESTMENT MNAGEMEN T P. LTD., AY 2009-10 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] I.T.A. NO. 1557/KOL/2018 ASSESSMENT YEAR: 2009-10 M/S. DHANLABH INVESTMENT MANAGEMENT PVT. LTD. (PAN: AACCD9384M) VS INCOME-TAX OFFICER, WARD-1(1), KOLKATA APPELLANT RESPONDENT DATE OF HEARING 12.12.2019 DATE OF PRONOUNCEMENT 01.01.2020 FOR THE APPELLANT N O N E FOR THE RESPONDENT DR. P. K. SRIHARI, CIT, DR ORDER PER SHRI A.T.VARKEY, JM THIS APPEAL PREFERRED BY THE ASSESSEE IS AGAINST TH E ORDER OF THE LD. CIT(A)-7, KOLKATA DATED 09.08.2017 FOR AY 2009-10. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET ITSELF, IT IS NOTED THAT THE IMPUGNED ORDER IS AN EX PARTE ORDER PASSED BY THE L D. CIT(A)AND THAT ONLY FOUR NOTICES WERE ISSUED TO THE ASSESSEE FIXING THE DATE OF HEAR ING. THOUGH THE LD. LD. CIT(A) HAS NOTED THAT SHRI SAIKAT PALIT, THE LD. AR APPEARED ON 27.0 6.2017, HOWEVER THEREAFTER FINDING THAT NONE APPEARED BEFORE HIM ON 08.08.2017 EVEN AFTER H E HAS GRANTED ADJOURNMENTS, THE LD. CIT(A) PASSED THE ORDER EX PARTE DISMISSING THE APP EAL WITHOUT GOING INTO MERITS. WE ALSO NOTE THAT AO ALSO HAS PASSED THE REASSESSMENT ORDER U/S 144 OF THE ACT PURSUANT TO ORDER U/S 263 OF THE ACT. SO WE NOTE THAT BOTH THE AUTHORITIE S HAVE PASSED THE ORDER WITHOUT HEARING THE ASSESSEE. SINCE THE LD. LD. CIT(A) HAS PASSED T HE IMPUGNED ORDER WITHOUT GOING INTO THE MERITS OF THE CASE, WE ARE INCLINED TO SET ASIDE TH E ORDER OF THE LD. CIT(A) AND REMAND THE MATTER BACK TO THE FILE OF LD. CIT(A) FOR DE NOVO A DJUDICATION OF APPEAL ON MERITS AFTER HEARING THE ASSESSEE IN ACCORDANCE TO LAW. THE ASS ESSEE IS DIRECTED TO PARTICIPATE IN THE APPELLATE PROCEEDINGS DILIGENTLY AND IF THE ASSESSE E PRODUCES ANY NEW DOCUMENTS, THEN THE 2 ITA NO. 1557/KOL/2018 DHANLABH INVESTMENT MNAGEMEN T P. LTD., AY 2009-10 LD. LD. CIT(A) MAY CALL FOR THE REMAND REPORT FROM AO IN ACCORDANCE TO LAW AND DECIDE THE APPEAL ON MERITS AFTER HEARING THE ASSESSEE. 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 1 ST JANUARY, 2020 SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED :1 ST JANUARY, 2020 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. DHANLABH INVESTMENT MANAGEMENT PVT. LTD., 2, KHETRA DAS LANE, KOLKATA-700 012. 2 RESPONDENT ITO, WARD-1(1), KOLKATA. 3. 4. 5. CIT(A)-7, KOLKATA. (SENT THROUGH E-MAIL) CIT , KOLKATA DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR