M/s CMG Agro (P) Ltd., Kolkata V. ITO, Ward-14(1), Kolkata, Kolkata

ITA 1645/KOL/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0514 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 17-08-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SITAL CHANDRA DAS
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Principle of natural justice
• Section: 68

Judgement Text

ITA NO.1645/KOL/2016 M/S CMG AGRO (P)LTD A.Y.2009-1 0 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH SMC K OLKATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM] ITA NO.1645/KOL/2016 ASSESSMENT YEAR : 2009-10 M/S CMG AGRO (P) LTD. -VERSUS- I.T.O., WARD-14 (1), KOLKATA KOLKATA (PAN: AAACN 5718 P) (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI MIRAJ D.SHAH, AR FOR THE RESPONDENT: SHRI SITAL CHANDRA DAS, ADDL. C IT DATE OF HEARING : 30.08.2018. DATE OF PRONOUNCEMENT : 12.09.2018. ORDER PER J.SUDHAKAR REDDY, AM: THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX-(A)-DURGAPUR DATED 31.03 .2015 PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT ) RELATING TO A.Y. 2009-10. 2. AFTER HEARING RIVAL CONTENTIONS, I FIND THAT TH E AO HAS RECORDED THAT THE DIRECTOR OF THE ASSESSEE COMPANY HAS SUBMITTED FULL DETAILS IN RESPONSE TO THE QUERY AND THAT ON THE ISSUE OF UNSECURED LOANS, THE DIREC TOR OF THE ASSESSEE COMPANY SUBMITTED THAT, IN SPITE OF EXTREME EFFORTS, HE COU LD NOT MAKE THE FACTORY RUN EVEN FOR A SINGLE DAY AND THAT THE PROJECT FAILED. THE DIREC TOR ALSO SUBMITTED THAT HE WAS MENTALLY DISTURBED. THE AO MADE THE ADDITION U/S 68 OF THE ACT. BEFORE THE LD. CIT(A) NONE APPEARED. THE LD. CIT(A) ENHANCED THE D ISALLOWANCE OF RS.22,33,575/-. NOTICE OF ENHANCEMENT DATED 22.03.2015 WAS GIVEN FO R RS.10,00,000/- ONLY. HE PASSED AN EX-PARTE ORDER. ITA NO.1645/KOL/2016 M/S CMG AGRO (P)LTD A.Y.2009-1 0 2 3. UNDER THE CIRCUMSTANCES I AM OF THE CONSIDERED O PINION THAT THERE IS VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. THE APPEAL IS RE STORED TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. O RDER PRONOUNCED IN THE COURT ON 12.09.2018. SD/- [ J.SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 12.09.2018. [RG SR.PS] COPY OF THE ORDER FORWARDED TO: 1.M/S CMG AGRO (P)LTD., 5/2, RUSSEL STREET, POONAM BUILDING, 6 TH FLOOR,KOLKATA- 700001. 2. I.T.O., WARD-14 (1), KOLKATA. 3. C.I.T.(A)- DURGAPUR 4. C.I.T-DURGAPUR 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER, SENIOR PRIVATE SECRETARY HEAD OF OFFICE/D.D.O, ITAT KOLKATA BENCHES