Samyak Sales (P) Ltd., Kolkata V. I.T.O.,Ward -9(4), Kolkata

ITA 185/KOL/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0826 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 13-02-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Keywords: Opportunity of being heard
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [VIRTUAL COURT HEARING] (BEFORE SHRI P.M. JAGTAP, HONBLE VICE PRESIDENT, KZ & SHRI SATBEER SINGH GODARA, HONBLE JUDICIAL MEMBER) ITA NO. 185/KOL/2020 ASSESSMENT YEARS: 2014-15 SAMYAK SALES PVT. LTD.........................................................................APPELLANT C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES SIDDHA GIBSON 1, GIBSON LANE SUITE 213 2 ND FLOOR KOLKATA 700 069 [PAN : AADCS 8354 H] VS. INCOME TAX OFFICER, WARD-9(4) KOLKATA....................................................RESPONDENT APPEARANCES BY: SHRI SUBASH AGARWAL, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SHRI SUPRIYO PAL, JCIT D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JUNE 8 TH , 2020 DATE OF PRONOUNCING THE ORDER : JUNE 8 TH , 2020 ORDER PER P.M. JAGTAP, VP, KZ:- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 15, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED EX-PARTE DT. 07/03/2019, WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY WHICH IS ENGAGED IN THE BUSINESS OF TRADING IN SHARES AND SECURITIES. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY IT ON 26/09/2014 DECLARING TOTAL INCOME OF RS.3,07,520/-. IN THE ASSESSMENT COMPLETED U/S 143(3) OF THE ACT VIDE ORDER DT. 30/12/2016, THE LOSS OF RS.80,08,139/- CLAIMED BY THE ASSESSEE IN THE TRADING OF SHARES WAS HELD TO BE BOGUS BY THE ASSESSING OFFICER AND THE SAME WAS DISALLOWED BY HIM. HE ALSO MADE A FURTHER ADDITION OF RS.61,196/- ON ACCOUNT OF DISALLOWANCE OF EXPENSES U/S 14A R.W.R. 8D OF THE INCOME TAX RULES, 1962 (RULES) AND DETERMINED THE TOTAL INCOME OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION AT RS.83,76,855/-. 2.1. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3), THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A) AND SINCE THERE WAS NO SATISFACTORY COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY THE LD. CIT(A), FIXING THE APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE AND CONFIR MED BOTH THE ADDITIONS MADE BY THE ASSESSING OFFICER TO THE TOTAL INCOME OF THE ASSESSEE. 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT OF THE PRELIMINARY ISSUE RAISED BY THE ASSESSEE IN THIS APPEAL CHALLENGING THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) PARTE , THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE NOTICES OF HEARINGS STATED TO BE ISSUED BY THE LD. CIT(A) WERE APPARENTLY SENT TO THE WRONG ADDRESS AND SINCE THE ASSESSEE COMPANY NEVER RECEIVED THE SAME, IT COULD NOT APPEAR BEFORE THE LD. CIT(A) ON THE DATES OF HEARINGS FIXED BY HIM. SINCE THIS SUBMISSION MADE BY THE LD. COUNSEL FOR THE ASSESSEE IS DULY SUPPORTED BY AN AFFIDAVIT FILED BY THE DIRECTOR OF THE ASSESSEE COMPANY AFFIR MING THE RELEVANT FACTS ON OATH SUFFICIENT CAUSE FOR THE NON CIT(A) AND EVEN THE LD. D/R HAS NOT RAISED ANY OBJECTION IN THIS REGARD. WE, THEREFORE, SE T ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) BACK TO HIM FOR DISPOSING OFF THE APPEAL AFRESH ON MERITS, AFTER GIVING THE ASSESSEE PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD. AS UNDERTAKEN BY THE LD. COUNSEL FOR TH E ASSESSEE, THE ASSESSEE SHALL MAKE DUE COMPLIANCE BEFORE THE LD. CIT(A) AND SHALL EXTEND ALL POSSIBLE COOPERATION IN ORDER TO ENABLE THE LD. CIT(A) TO DISPOSE OFF THE APPEAL ON MERITS EXPEDITIOUSLY. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS A PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON SD/- [S.S. GODARA] JUDICIAL MEMBER DATED : 08.06.2020 {SC SPS} 2 THE APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(A) DISMISSED THE APPEAL OF THE MED BOTH THE ADDITIONS MADE BY THE ASSESSING OFFICER TO THE TOTAL WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT OF THE PRELIMINARY ISSUE RAISED BY THE THIS APPEAL CHALLENGING THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) , THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE NOTICES OF HEARINGS STATED TO BE ISSUED BY THE LD. CIT(A) WERE APPARENTLY SENT TO THE WRONG ADDRESS AND COMPANY NEVER RECEIVED THE SAME, IT COULD NOT APPEAR BEFORE THE LD. CIT(A) ON THE DATES OF HEARINGS FIXED BY HIM. SINCE THIS SUBMISSION MADE BY THE LD. COUNSEL FOR THE ASSESSEE IS DULY SUPPORTED BY AN AFFIDAVIT FILED BY THE DIRECTOR OF THE MING THE RELEVANT FACTS ON OATH , WE ARE SATISFIED THAT THERE WAS SUFFICIENT CAUSE FOR THE NON - COMPLIANCE ON THE PART OF THE ASSESSEE BEFORE THE LD. CIT(A) AND EVEN THE LD. D/R HAS NOT RAISED ANY OBJECTION IN THIS REGARD. WE, THEREFORE, T ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) EX-PARTE AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OFF THE APPEAL AFRESH ON MERITS, AFTER GIVING THE ASSESSEE PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD. AS UNDERTAKEN BY THE LD. COUNSEL FOR E ASSESSEE, THE ASSESSEE SHALL MAKE DUE COMPLIANCE BEFORE THE LD. CIT(A) AND SHALL EXTEND ALL POSSIBLE COOPERATION IN ORDER TO ENABLE THE LD. CIT(A) TO DISPOSE OFF THE APPEAL ON MERITS EXPEDITIOUSLY. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS A LLOWED FOR STATISTICAL ORDER PRONOUNCED IN THE OPEN COURT ON THE 8 TH DAY OF JUNE ITA NO. 185/KOL/2020 ASSESSMENT YEARS: 2014-15 SAMYAK SALES PVT. LTD. THE APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(A) DISMISSED THE APPEAL OF THE MED BOTH THE ADDITIONS MADE BY THE ASSESSING OFFICER TO THE TOTAL WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT OF THE PRELIMINARY ISSUE RAISED BY THE THIS APPEAL CHALLENGING THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) EX- , THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE NOTICES OF HEARINGS STATED TO BE ISSUED BY THE LD. CIT(A) WERE APPARENTLY SENT TO THE WRONG ADDRESS AND COMPANY NEVER RECEIVED THE SAME, IT COULD NOT APPEAR BEFORE THE LD. CIT(A) ON THE DATES OF HEARINGS FIXED BY HIM. SINCE THIS SUBMISSION MADE BY THE LD. COUNSEL FOR THE ASSESSEE IS DULY SUPPORTED BY AN AFFIDAVIT FILED BY THE DIRECTOR OF THE , WE ARE SATISFIED THAT THERE WAS COMPLIANCE ON THE PART OF THE ASSESSEE BEFORE THE LD. CIT(A) AND EVEN THE LD. D/R HAS NOT RAISED ANY OBJECTION IN THIS REGARD. WE, THEREFORE, AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OFF THE APPEAL AFRESH ON MERITS, AFTER GIVING THE ASSESSEE PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD. AS UNDERTAKEN BY THE LD. COUNSEL FOR E ASSESSEE, THE ASSESSEE SHALL MAKE DUE COMPLIANCE BEFORE THE LD. CIT(A) AND SHALL EXTEND ALL POSSIBLE COOPERATION IN ORDER TO ENABLE THE LD. CIT(A) TO DISPOSE OFF THE LLOWED FOR STATISTICAL JUNE , 2020. SD/- [ P.M. JAGTAP ] VICE PRESIDENT COPY OF THE ORDER FORWARDED TO: 1. SAMYAK SALES PVT. LTD C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES SIDDHA GIBSON 1, GIBSON LANE SUITE 213 2 ND FLOOR KOLKATA 700 069 2. INCOME TAX OFFICER,WARD- 9(4) KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 3 C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES 9(4) KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES ITA NO. 185/KOL/2020 ASSESSMENT YEARS: 2014-15 SAMYAK SALES PVT. LTD. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES