M/s. Goldline Dealers Pvt. Ltd., , Kolkata V. ITO, Ward - 6(2), Kolkata, Kolkata

ITA 1662/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1914 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 17-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K TIWARI
• Keywords: Principle of natural justice
• Section: 143(3); 68

Judgement Text

PAGE | 1 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SH. A.T.VARKEY, JUDICIAL MEMBER ITA NO.1662/KOL/2017 [ASSESSMENT YEAR: 2011-12] APPELLANT BY SH. SUNIL SURANA, ADV. RESPONDENT BY SH. A. K.TIWARI, CIT DR DATE OF HEARING 31.07.2018 DATE OF PRONOUNCEMENT 30 .08.2018 ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 17.04.2017 PASSED BY CIT(A)-7, KOLKATA FOR AY 2011-12. 2. THE ASSESSEE IS A COMPANY AND FILED ITS RETURN OF INCOME ON 22.02.2012 DECLARING TOTAL LOSS OF RS.45,698/-. THE AO PASSED AN ORDER U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) DETERMINING THE TOTAL INCOME AT RS. 12,18,50,000/- INTER ALIA MAKING AN ADDITION U/S 68 OF THE ACT. ON APPEAL, THE FIRST APPELLATE AUTHORITY CONFIRMED THE ADDITION IN AN EX-PARTE ORDER. 3. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THERE WAS VIOLATION OF PRINCIPLE OF NATURAL JUSTICE AND NO NOTICES WERE SERVED TO THE ASSESSEE. HE PLEADED THAT THE AO HAS ALSO NOT GIVEN ADEQUATE OPPORTUNITY TO THE ASSESSEE AND JUST BECAUSE PERSONS HAVING APPEARED IN RESPONSE TO SUMMONS U/S 131, THE ADDITION WAS MADE. HE RELIED ON CERTAIN CASE LAWS AND SUBMITTED THAT THE ISSUE MAY BE RESTORED TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. M/S. GOLDLINE DEALERS PVT.LTD., C/O-MUKESH I GUPTA & CO., 7A BENTICK STREET, OLD WING, 2 ND FLOOR, KOLKATA-700001. PAN-AAECG0745M VS IT O , WARD-6(2), KOLKATA. (APPELLANT) (RESPONDENT) ITA NO.1662/KOL/2017 [ASSESSMENT YEAR: 2011-12] PAGE | 2 4. LD. DR ON THE OTHER HAND STRONGLY OPPOSED THE CONTENTION OF THE ASSESSEE AND SUBMITTED THAT, THE ASSESSEE HAS NOT COOPERATED IN THE PROCEEDINGS WITHOUT PREJUDICE TO THE ABOVE ARGUMENT, ALTERNATIVELY HE SUBMITTED THAT IF THE BENCH DECIDES TO SET ASIDE THE MATTER, IT SHOULD BE SENT BACK TO THE LD.CIT(A), AS AN EX- PARTE ORDER WAS PASSED BY HIM. 5. AFTER HEARING THE RIVAL CONTENTIONS, AND AS THE LD.CIT(A) HAS PASSED AN EX- PARTE ORDER, THE ISSUE IS RESTORED TO THIS FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW AS THE ASSESSEE HAS SATISFIED US THAT IT WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE LD.CIT(A). LD.CIT(A) IN HIS WISDOM MAY CALL FOR A REMAND REPORT FROM THE AO IF HE SO DESIRES. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30.08.2018. SD/- SD/- (A.T.VARKEY) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:-30.08.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- M/S. GOLDLINE DEALERS PVT. LTD., C/O-MUKESH I GUPTA & CO., 7A BENTICK STREET, OLD WING, 2 ND FLOOR, KOLKATA-700001. 1. RESPONDENT-ITO, WARD-6(2), KOLKATA. 2. CIT-KOLKATA 3. CIT(APPEALS)-KOLKATA 4. DR: ITAT-KOLKATA BENCHES SR.P.S./H.O.O ITAT, KOLKATA