M/s. Devi Commosales Pvt. Ltd., , Kolkata V. ITO, Ward - 1(4), Kolkata , Kolkata

ITA 1620/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0320 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 27-07-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RADHESHYAM
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [BEFORE SRI P.M. JAGTAP, VICE-PRESIDENT & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER] I.T.A. NO. 1620/KOL/2018 ASSESSMENT YEAR: 2009-10 M/S. DEVI COMMONSALES PVT. LTD.....................................................................APPELLANT 3, SAKET PLACE KOLKATA -700 072 [PAN : AADCD 0772 C] INCOME TAX OFFICER WARD-1(4), KOLKATA........RESPONDENT APPEARANCES BY: SHRI SUBASH AGARWAL, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI RADHE SHYAM, CIT, DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MARCH 7 TH , 2019 DATE OF PRONOUNCING THE ORDER : MARCH 29 TH , 2019 O R D E R PER S.S. VISWANETHRA RAVI, JM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 7, KOLKATA, (HEREINAFTER THE LD. CIT (A)), DT. 27/03/2018, PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), RELATING TO THE ASSESSMENT YEAR 2009-10, WHEREIN HE CONFIRMED THE ORDER OF THE ASSESSING OFFICER EX-PARTE OF THE ASSESSEE. 2. WE FIND THAT THERE IS A DELAY OF 12 DAYS IN FILING OF THIS APPEAL AND AN AFFIDAVIT FILED BY THE DIRECTORS OF THE ASSESSEE STATING THAT THE ASSESSEE ENGAGED A CHARTERED ACCOUNTANT AND THEY WERE UNDER THE IMPRESSION THAT PROPER COMPLIANCE WERE MADE BY THE SAID REPRESENTATIVE. THE LD. A/R PRAYED TO CONDONE THE DELAY AND UPON HEARING BOTH THE PARTIES, THE REASONS STATED BY ONE OF THE DIRECTORS REPRESENTING THE ASSESSEE ARE BONAFIDE AND WHICH REALLY PREVENTED THE ASSESSEE FROM FILING THIS APPEAL IN TIME AND THE DELAY OF 12 DAYS IN FILING THIS APPEAL IS CONDONED. 3. ON MERITS, WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS OBSERVED THAT THERE WAS NO REPRESENTATION BEFORE THE LD. 2 I.T.A. NO. 1620/KOL/2018 ASSESSMENT YEAR: 2009-10 M/S. DEVI COMMONSALES PVT. LTD CIT(A) AND THE LD. A/R PRAYED THAT IF THIS TRIBUNAL PLEASES TO REMAND THE MATTER TO THE FILE OF THE LD. CIT(A) FOR HIS FRESH VERIFICATION, THE ASSESSEE IS READY TO COMPLY WITH THE NOTICES. THE LD. D/R REPORTED NO OBJECTION. WE FIND THAT THE ISSUE CHALLENGED BEFORE THE LD. CIT(A) RELATING TO SHARE CAPITAL AND SHARE PREMIUM, REQUIRES, IN OUR OPINION, ASSISTANCE OF THE ASSESSEE BY PRODUCING RELEVANT DOCUMENTS IN SUPPORT OF ITS CLAIMS. THEREFORE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF THE LD. CIT(A) FOR HIS FRESH ADJUDICATION. THE ASSESSEE IS AT LIBERTY TO FILE EVIDENCE, IF ANY, IN SUPPORT OF ITS CLAIMS. THUS, THESE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 29 TH DAY OF MARCH, 2019. SD/- SD/- [P.M. JAGTAP] [ S.S. VISWANETHRA RAVI ] VICE PRESIDENT JUDICIAL MEMBER DATED : 29.03.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. M/S. DEVI COMMONSALES PVT. LTD 3, SAKET PLACE KOLKATA -700 072 2. INCOME TAX OFFICER WARD-1(4), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES