Pears Securities Pvt. Ltd., Kolkata V. I.T.O.,Ward-5(2), Kolkata

ITA 177/KOL/2020

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0119 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowedAllowed
• Bench Allotted: C
• Next Hearing Date: 31-08-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 09-01-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANOJ KATARUKA
• Keywords: Opportunity of being heard; Set aside
• Section: 68; 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCH “C”, KOLKATA BEFORE SHRI RAJESH KUMAR, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER ITA No.177/Kol/2020 Assessment Year: 2018-19 Pears Securities Pvt. Ltd. 5, Clive Row, Kolkata – 700 001. PAN: AAGCP 1517 N Vs. ITO, Ward-5(2), Kolkata (Appellant) (Respondent) Present for: Appellant by : Shri Manoj Kataruka, AR Respondent by : Shri Abhijit Kundu, CIT Date of Hearing : 01.09.2022 Date of Pronouncement : 05.09.2022 O R D E R PER SONJOY SARMA, JM: This appeal is preferred by the assessee against the order passed by National Faceless Appeal Centre [hereinafter referred to as ‘CIT’] dated 15.10.2019 passed u/s 250 of the Income-tax Act, 1961. The assessee has taken the following grounds of appeal: “i. That on the facts and in the circumstances of the case, the action of the ld. CIT(A) to confirm the addition made by the AO is without providing reasonable opportunity of being heard in violation of the principles of natural justice and therefore the order passed is bad in law. ii. That without prejudice to the above ground, the action of the ld. CIT(a) to confirm the addition made by the AO of Rs. 48,00,000/- on account of shares capital u/s 68 of the Act is illegal and bad in law. iii. That on the facts and in the circumstances of the case, the action of the ld. CIT(A) to confirm the addition of Rs. 46,914/- u/s 14A of the Act made by the AO is illegal, erroneous and bad in law. ITA No.177/KOL/2020 Pears Securities Pvt. Ltd. A.Y. 2012-13 2 iv. That the order of ld. CIT(A) confirming the addition made by the AO is arbitrary, excessive and illegal. v. That the above grounds of appeal will be argued in details at the time of hearing and the appellant craves leaves to submit additional grounds of appeal if any and or alter, vary, modify or rectify the statement of facts and grounds of appeal at or before the time of hearing.” 2. At the outset, ld. Counsel for the assessee submitted that since the assessee did not get any opportunity to appear before the ld. CIT(A) and could not file relevant documents in support of the submissions before ld. AO also and one more opportunity should be given to the assessee and the issues raised in the instant appeal may be set aside to the file of ld. AO. Ld. D/R was fare enough not to oppose his request. 3. We, therefore, under the given facts and circumstances of the case, are of the considered view that since the order of the ld. CIT(A) is ex-parte order and no discussion has been made on the merits of the case, we, in the interest of justice, set aside the impugned order and remit it back to the file of the ld. AO for deciding the issues raised before us by way of a speaking order. We also direct the assessee to remain vigilant in receiving the notices of hearing of the ld. AO and should not request for any adjournment unless otherwise required for reasonable cause and should file all necessary documents in support of its claim so as to facilitate the ld. AO for passing the speaking order. Needless to mention that the assessee should be given proper opportunity of being heard. 4. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 05.09.2022. Sd/- Sd/- (RAJESH KUMAR) (SONJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata, Dated: 05.09.2022. Biswajit, Sr. P.S. ITA No.177/KOL/2020 Pears Securities Pvt. Ltd. A.Y. 2012-13 3 Copy to: 1. The Appellant: Pears Securities Pvt. Ltd. 2. The Respondent: ITO, Ward-5(2), Kolkata. 3. The CIT, Concerned, Kolkata 4. The CIT (A) Concerned, Kolkata 5. The DR Concerned Bench. //True Copy// [ By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata