Smt. Nirmala Kumari Yadav, Howrah V. ITO, Ward - 48(4), Kolkata , Kolkata

ITA 1722/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6506 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 10-08-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANJOY MUKHERJEE
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Unexplained cash credit; Opportunity of being heard; Reasonable cause
• Section: 68

Judgement Text

1 ITA NO.1722/KOL/2018 SMT. NIRMALA KUMARI YADAV, AY:2014-15 , A(SMC) , IN THE INCOME TAX APPELLATE TRIBUNAL A(SMC) BENCH : KOLKATA ( ) . . , ) [BEFORE SHRI A. T. VARKEY, JM] I.T.A. NO. 1722/KOL/2018 ASSESSMENT YEAR: 2014-15 SMT. NIRMALA KUMARI YADAV (PAN: ABZPY4846Q) VS. INCOME-TAX OFFICER, WD-48(4), KOLKATA. APPELLANT RESPONDENT DATE OF HEARING 16.01.2019 DATE OF PRONOUNCEMENT 16.01.2019 FOR THE APPELLANT SHRI MIRAJ D. SHAH, AR FOR THE RESPONDENT SHRI SANJOY MUKHERJEE, ADDL. CIT ORDER PER SHRI A.T.VARKEY, JM THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-14, KOLKATA DATED 15.06.2018 FOR AY 2014-15. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IN THIS APP EAL IS AGAINST THE ACTION OF LD. CIT(A) IN UPHOLDING BY AN EX PARTE ORDER THE ADDITION ON A CCOUNT OF LONG TERM CAPITAL GAIN ON SALE OF SHARES AS UNEXPLAINED CASH CREDIT U/S. 68 OF THE INCOME-TAX ACT, 1961 WHICH, ACCORDING TO LD. AR, WAS IN VIOLATION OF THE PRINCIPLES OF NA TURAL JUSTICE IN HAVING PASSED THE EX PARTE ORDER QUA THE ASSESSEE WITHOUT AFFORDING ADEQUATE O PPORTUNITY OF BEING HEARD TO THE ASSESSEE. HENCE, HE URGED BEFORE THE BENCH TO SET ASIDE THE EX PARTE ORDER OF LD. CIT(A) AND REMAND THE MATTER BACK TO HIS FILE FOR FRESH AD JUDICATION. LD. DR HAS OPPOSED THIS PRAYER OF THE ASSESSEE. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH THE FACTS AND CIRCUMSTANCES OF THE CASE. WE NOTE THAT THE LD. CIT(A) PASSED A CRYPTIC AND EX PARTE ORDER AFTER ISSUING TWO NOTICES FIXING THE DATE OF HEARING ON 04.05.2018 AN D 21.05.2018. THE LD. AR BEFORE US 2 ITA NO.1722/KOL/2018 SMT. NIRMALA KUMARI YADAV, AY:2014-15 SUBMITTED THAT THE SECOND NOTICE DATED 21.05.2018 W AS NOT RECEIVED BY THE ASSESSEE. IN VIEW OF THE ABOVE, WE NOTE THAT THERE IS REASONABLE CAUSE FOR THE ASSESSEE NOT TO APPEAR BEFORE THE LD. CIT(A). HENCE, WE SET ASIDE THE ORD ER OF THE LD. CIT(A) AND REMAND THE MATTER BACK TO THE FILE OF THE LD. CIT(A) TO DECIDE THE APPEAL AFRESH AFTER AFFORDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE IN ACCORDANCE TO LAW. 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 16 JANUARY , 2018. SD/- (ABY. T. VARKEY) JUDICIAL MEMBER DATED : 16 JANUARY, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT SMT. NIRMALA KUMARI YADAV, 27, SANAT AN MISTRY LANE, SALKIA, PS GOLABARI, HOWRAH-711106. 2 RESPONDENT ITO, WARD-48(4), KOLKATA. 3. 4. CIT(A)-14, KOLKATA(SENT THROUGH E-MAIL) CIT, KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR