M/s. Shree Mahavir Straw Board Mills Private Ltd., , Kolkata V. ITO, Ward - 9(4), Kolkata , Kolkata

ITA 1746/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0454 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 28-07-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: K MONDAL
• Section: 143(3); 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : KOLKATA [BEFORE HONBLE SHRI M.BALAGANESH, AM & HONBLE S HRI S.S.VISWANETHRA RAVI, JM] I.T.A NO. 1746/KOL/20 17 ASSESSMENT YEAR : 2004-0 5 M/S SHREE MAHAVIR STRAW BOARD MILL PVT. LTD. -VS- ITO, WARD-9(4), KOLKATA . [PAN: AADCS 5486 L] (APPELLANT) (RESPOND ENT) FOR THE APPELLANT : NONE FOR THE RESPONDENT : SHRI K. MONDAL, SR. DR DATE OF HEARING : 11.09.2018 DATE OF PRONOUNCEMENT : 19. 09 .2018 ORDER PER M.BALAGANESH, AM 1. THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-3, KOLKATA [IN SHORT THE LD CIT (A)] IN APPEAL NO. 987/CIT(A)/ITO, WD-9(4)/KOL/14-15 DATED 31.05.2017 AGAINST THE ORDER PASSED BY THE ACIT, CIRCLE-9, KOLKATA [ IN SHORT THE LD AO] UNDE R SECTION 143(3) / 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 26 .12.2008 FOR THE ASSESSMENT YEAR 2004-05. 2. THE GROUNDS RAISED BY THE ASSESSEE IN THIS REGAR D IS WITH REGARD TO SUFFICIENT OPPORTUNITY NOT BEING GIVEN BY THE LD. CIT(A) BEFOR E DISPOSING OFF THE APPEAL. 3. BRIEF FACTS OF THIS ISSUE IS THAT THE ASSESSEE I S A PRIVATE LIMITED COMPANY ENGAGED IN MANUFACTURING OF STRAW BOARD AND RUNNING RICE MILL. THE RETURN OF INCOME FOR THE 2 ITA NO.1746/KOL/2017 M/S SHREE MAHAVIR STRAW BOARD MILL PVT. LTD. A.YR. 2004-05 2 ASSESSMENT YEAR 2004-05 WAS FILED BY THE ASSESSEE C OMPANY ON 25.10.2004 DECLARING LOSS OF RS. 49,66,373/-. THIS RETURN WAS PROCESSED U/S 143(1) OF THE ACT. LATER THE ASSESSMENT WAS SOUGHT TO BE REOPENED BY ISSUING NOT ICE U/S 148 OF THE ACT. THE REASSESSMENT WAS COMPLETED U/S 143/ 147 OF THE ACT ON 26.12.2008 DETERMINING LOSS AT RS. 40,81,815/- AFTER MAKING ADDITION OF RS. 8,84,5 58/- TOWARDS BAGASSE FUEL. THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A) AND THE FIRST HEARING WAS FIXED ON 16.05.2017. THE LD. CIT(A) OBSERVED THAT NONE REPRE SENTED ON BEHALF OF THE ASSESSEE ON THE SCHEDULED DATE AND ACCORDINGLY PROCEEDED TO DIS MISS THE APPEAL OF THE ASSESSEE EX PARTE. AGGRIEVED THE ASSESSEE IS IN APPEAL BEFORE U S. 4. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN BEF ORE US. WE HAVE HEARD THE LD. DR. WE FIND THAT THE PRELIMINARY GROUND RAISED BY THE A SSESSEE IS THAT NO NOTICE OF HEARING FIXED ON 16.05.2017 WAS EVER RECEIVED BY THE ASSESS EE. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, SINCE THE APPEAL WAS DECIDED EX PARTE BY THE LD. CIT(A), WE DEEM IT FIT AND APPROPRIATE, IN THE INTEREST OF JUSTICE AND FAIR PL AY, TO REMAND THIS APPEAL TO THE FILE OF LD. CIT(A) FOR DE NOVO ADJUDICATION UNINFLUENCED BY EAR LIER DECISION TAKEN BY HIM IN THIS REGARD. ACCORDINGLY, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 19.09.2018 SD/- SD/- [S.S. VISWANETHRA RAVI] [ M.BAL AGANESH ] JUDICIAL MEMBER ACCOUNTANT MEM BER DATED : 19.09.2018 SB, SR. PS 3 ITA NO.1746/KOL/2017 M/S SHREE MAHAVIR STRAW BOARD MILL PVT. LTD. A.YR. 2004-05 3 COPY OF THE ORDER FORWARDED TO: 1. M/S SHREE MAHAVIR STRAW BOARD MILL PVT. LTD., C/ O, S.M. DAGA & CO., 11, CLIVE ROW, 2 ND FLOOR, KOLKATA- 2. ITO, WARD-6(1), KOLKATA, AAYAKAR BHAWAN, P-7, C HOWRINGHEE SQUARE, KOLKATA-69. 3..C.I.T.(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S