M/s India Finance Limited , Kolkata V. I.T.O.,Ward-8(4), Kolkata

ITA 16/KOL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8191 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 06-01-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: IMOKABA JAMIR
• Assessee Lawyers: MANOJ KATARUKA
• Keywords: Set aside
• Section: 250; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B (VIRTUAL COURT HEARING), BENCH KOLKATA BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI A. T. VARKEY, JUDICIAL MEMBER I.T.A. NO.16 /KOL/2020 (ASSESSMENT YEAR: 2010-11) M/S INDIA FINANCE LIMITED...................................APPELLANT 9, EZRA STREET, TOP FLOOR, ROOM NO.47, KOLKATA-700 001. [PAN :AAACI5527M] ITO, WARD-8(4), KOLKATA...............RESPONDENT APPEARANCES BY: SHRI MANOJ KATARUKA, A/R, APPEARED ON BEHALF OF THE APPELLANT. SHRI IMOKABA JAMIR, CIT, APPEARED ON BEHALF OF THE RESPONDENT. DATE OF CONCLUDING THE HEARING : DECEMBER 17, 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 14, 2021 ORDER PER J. SUDHAKAR REDDY :- THIS APPEAL IS FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX(APPEALS)-7, KOLKATA (HEREINAFTER THE LD. CIT(A)) PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE ASSESSMENT YEAR 2010-11. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE ASSESSING OFFICER HAS PASSED AN EX PARTE ORDER U/S 144 OF THE ACT AND THAT THE LD. CIT(A) HAS ALSO PASSED EX PARTE ORDER. AT THE STAGE OF ASSESSMENT PROCEEDINGS AS WELL AS AT THE APPELLATE PROCEEDINGS, NOTICES WERE NOT SERVED ON THE ASSESSEE. THE LD. DR, THOUGH, NOT LEAVING HIS GROUND ULTIMATELY SUBMITTED THAT THE ISSUE MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION AS CERTAIN FACTS HAVE TO BE VERIFIED BY THE ASSESSING OFFICER AND AS ADEQUATE OPPORTUNITY WAS NOT GRANTED TO THE ASSESSEE IN THE PROCEEDINGS. 3. IN VIEW OF THE ABOVE SUBMISSIONS, WE SET ASIDE THIS APPEAL TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. THE ASSESSING 2 I.T.A. NO.16 /KOL/2020 M/S INDIA FINANCE LIMITED ASSESSMENT YEAR: 2010-11 OFFICER SHALL GRANT ADEQUATE OPPORTUNITY TO THE ASSESSEE AND THEREAFTER DISPOSE OF THE CASE ON MERITS DE NOVO IN ACCORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 14 TH JANUARY, 2021. SD/- SD/- [ A. T. VARKEY ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 14.01.2021 RS COPY OF THE ORDER FORWARDED TO: 1. (I) M/S INDIA FINANCE LIMITED 2. ITO, WARD-8(4), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), TRUE COPY BY ORDER ASSISTANT REGISTRAR , KOLKATA BENCHES