Salarpuria Profin Pvt. Ltd., , Kolkata V. DCIT, Circle - 1, Kolkata , Kolkata

ITA 1617/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6126 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 10-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A BHATTACHARJEE
• Assessee Lawyers: B K SINGH
• Keywords: Opportunity of being heard; Bonafide belief
• Section: 143(3)

Judgement Text

PAGE | 1 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. P.M.JAGTAP, ACCOUNTANT MEMBER AND SH. S.S.GODARA, JUDICIAL MEMBER ITA NO.1617/KOL/2017 [ASSESSMENT YEAR: 2007 - 08] APPELLANT BY SH.B.K.SINGH, ADV. RESPONDENT BY SH. A.BHATTACHARJEE, ADDL. CIT DATE OF HEARING 23.07.2018 DATE OF PRONOUNCEMENT 23.07.2018 ORDER PER P.M.JAGTAP, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER DATED 16.05.2017 PASSED BY LD. CIT(A) - 1, KOLKATA FOR AY 2007 - 08. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY WHICH FILED ITS RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION ON 05.11.2007 DECLARING A TOTAL INCOME OF RS.2,69,01,849/ - . I N THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) VIDE ORDER DATED 13.12.2009, THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED BY THE AO AT R S.2,75,53,129/ - BY ENHANCING THE ANNUAL VALUE OF THE ASSESSEES HOUS E PROPERTY BY AN AMOUNT OF RS.9, 30 , 400/ - . HE ALSO DID NOT GIVE CREDIT TO THE ASSESSEE ON ACCOUNT OF TDS OF RS.3,02,108/ - . 3. AGAINST THE O RDER PASSED U/S 143(3) OF THE ACT , AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE LD.CIT(A) AND SINCE THERE WAS NO SATISFACTORY COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICE S ISSUED BY HIM FIXING THE SAID AP PEAL FOR HEARING FROM TIME TO TIME, LD.CIT(A) DISMISS ED T HE APPEAL OF THE ASSESSEE VIDE HIS APPELLATE ORDER DATED 16.05.2017 PASSED EX - PARTE. AGGRIEVED BY THE ORDER OF LD.CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL . M/S. SALARPURIA PROFIN PVT.LTD., C/O - L.K.BOHANIA & COMPANY, 41, N.S.ROAD, 4 TH FLOOR, ROOM NO.404, KOLKATA - 700001. PAN - AADCS6434N VS DCIT, CIRCLE - 1, KOLKATA. (APPELLANT) (RESPONDENT) ITA NO. 1617/ KOL/201 7 [ASSESSMENT YEAR: 20 07 - 08 ] PAGE | 2 4. WE HAVE HEA RD ARGUMENTS OF BOTH SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT OF THE PRELIMINARY ISSUE RAISED IN GROUND NO.1 CHALLENGING THE IMPUGNED ORDER PASSED BY LD.CIT(A) EX - PARTE, LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT NON - CO MPLIANCE ON THE PART OF THE ASSESSEE BEFORE LD.CIT(A) WAS ATTRIBUTABLE TO ITS AUTHORIZED REPRESENTATIVE, MR. VIKAS MOHATA, CHARTERED ACCOUNTANT, WHO WAS ENGAGED IN THE MATTER TO APPEAR BEFORE LD.CIT(A). HE HAS CONTENDED THAT THE ASSESSEE COMPANY WAS UNDER THE BONAFIDE BELIEF THAT CA, MR. VIKAS MOHATA WOULD MAKE PROPER COMPLIANCE BEFORE LD.CIT(A) AND THE FACTS OF NON - COMPLIANCE ON HIS PART CAME TO THE KNOWLEDGE OF THE ASSESSEE COMPANY ONLY AFTER RECEIPT OF THE IMPUGNED ORDER OF LD.CIT(A). SINCE THESE SUBMIS SIONS MADE ON BEHALF OF THE ASSESSEE COMPANY ARE DULY SUPPORTED BY AN AFFIDAVIT OF THE DIRECTOR OF THE ASSESSEE COMPANY AFFIRMING THE RELEVANT FACTS ON OATH, WE ARE SATISFIED THAT THERE WAS A SUFFICIENT CAUSE FOR THE NON - COMPLIANCE ON THE PART OF THE ASSES SEE BEFORE LD.CIT(A). EVEN LD.DR HAS NOT RAISED ANY OBJECTION IN THIS REGARD. WE THEREFORE SET AS I DE THE IMPUGNED ORDER PASSED BY LD.CIT(A) EX - PARTE AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OF THE APPEAL O F THE ASSESSEE AFRESH ON MERIT AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THE ASSESSEE IS DIRECTED TO MAKE DUE COMPLIANCE BEFORE LD.CIT(A) AND EXTEND ALL THE POSSIBLE COOPERATION IN ORDER TO ENABLE HIM TO DISPOSE OF THE APPEAL EXPEDITIOUSLY . 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 23.07.2018. S D / - S D / - (S.S.GODARA) (P.M.JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: - 23.07.2018 *AMIT KUMAR* ITA NO. 1617/ KOL/201 7 [ASSESSMENT YEAR: 20 07 - 08 ] PAGE | 3 COPY FORWARDED TO: 1. APPELLANT - M/S. SALARPURIA PROFIN PVT.LTD.,C/O - L.K.BOHANIA & COMPANY, 41, N.S.ROAD, 4 TH FLOOR, ROOM NO.404, KOLKATA - 700001. 1. RESPONDENT - DCIT, CIRCLE - 1, KOLKATA. 2. CIT 3. CIT(APPEALS) CONCERNED 4. DR: ITAT SR.P.S./H.O.O ITAT, KOLKATA