M/s. S.J. Fiscal Services Pvt. Ltd., Mumbai V. ITO, Ward-3(4), Kolkata, Kolkata

ITA 1828/KOL/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9478 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 16-09-2016
• Court: TRIBUNAL
• Department Lawyers: N O N E
• Assessee Lawyers: SHITAL KHEMKA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: K OLKATA [BEFORE SHRI J. SUDHAKAR REDDY, AM] I.T.A NO.1828/KOL/2016 ASSESSMENT YEAR: 2011-12 M/S. S.J. FISCAL SERVICES PVT. LTD. VS. INCOME-T AX OFFICER, WD-3(4), KOLKATA (PAN: AAECS7262H) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 31.01.2017 DATE OF PRONOUNCEMENT: 31.01.2017 FOR THE APPELLANT: SHRI SHITAL KHEMKA, CA FOR THE RESPONDENT: N O N E ORDER THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-I, KOLKATA, VIDE APPEAL NO. 36/CIT(A)-I/W-3(4)/2014-15 DATED 01.06.2016 FOR AY 2011-12 ON THE FOLLOWING GROUNDS: I. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN ALLOWING THE ASSESSEE A PROPER OPPORTUNITY TO REPRESENT THE CASE AND PASSING THE ORDER EX PARTE. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN CONFIRMING THE DISALLOWANCE OF SHARE TRADING LOSS OF RS.12,97,250/ -. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN CONFIRMING THE DISALLOWANCE OF SHARE TRADING LOSS OF RS.8,80,000/- . 2. NONE WAS PRESENT ON BEHALF OF THE REVENUE. THE L D. DR HAS SOUGHT FOR ADJOURNMENT FOR EACH AND EVERY CASE THAT HAS BEEN L ISTED BEFORE ME TODAY BY FILING ONE LETTER MENTIONING THE ENTIRE CAUSE LIST IN IT IN TH E SMC A BENCH. THE REASON GIVEN IS THAT THE LD. SR. DR DECLINED TO RECEIVE FILES LI STED FOR HEARING TODAY FROM THE ADDL. CIT, SR. DR, ITAT, ADMN. AS HE WAS BUSY IN SOME OFF ICE WORK. AS I AM NOT CONVINCED WITH SUCH A REASON AND AS I CANNOT ALLOW THE BENCH TO COLLAPSE, I REJECT THE APPLICATION FOR ADJOURNMENT AND DISPOSED OF THE MATTER EX PARTE QUA THE REVENUE. 3. I HAVE PERUSED THE MATTER. THERE IS A DELAY OF 4 DAYS IN FILING OF THE APPEAL. THE ASSESSEE HAS FILED A PETITION FOR CONDONATION OF DE LAY. ON PERUSAL OF THE SAME, I AM CONVINCED THAT THE ASSESSEE WAS PREVENTED BY SUFFIC IENT CAUSE IN FILING THE APPEAL IN TIME. THEREFORE, I CONDONE THE DELAY AND ADMIT THE APPEAL. 4. I ALSO FIND THAT THE LD. CIT(A) HAS PASSED AN EX PARTE ORDER AS THE ASSESSEE HAS NOT ATTENDED AT THE TIME OF HEARING BEFORE HIM. I A M CONVINCED THAT THE ASSESSEE WAS 2 ITA NO.1828/K/2016 S.J.FISCAL SERVICES PVT. LTD..AY 2011-12 PREVENTED BY SUFFICIENT CAUSE FOR APPEARING BEFORE THE LD. CIT(A). HENCE, THIS IS A FIT CASE FOR SETTING ASIDE TO THE FILE OF THE LD. CIT(A ) FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW AFTER GIVING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE LD. CIT(A) ON 20 TH APRIL, 2017, TAKE NOTICE AND THEREAFTER COOPERATE IN DISPOSAL OF THE SAME. 5. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 6. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED : 31ST JANUARY, 2017 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT M/S. S. J. FISCAL SERVICES PVT. LTD., HDIL, KALEDONIA, 8 TH FLOOR, A, WING, OFF SAHAR ROAD, OPPOSITE VIJAY NAG AR, ANDHERI (E), MUMBAI-400069. 2 RESPONDENT ITO, WARD-3(4), KOLKATA. 3 . THE CIT(A), KOLKATA 4. 5. ACIT , KOLKATA. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .