Devi Tradecom Pvt. Ltd. , Kolkata V. I.T.O.,Ward-2(2), Kolkata

ITA 1880/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9195 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 09-08-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: IMOKABA JAMIN
• Keywords: Right to appeal; Set aside
• Section: 201; 13

Judgement Text

1 IT A NO . 1880/KOL/2019 AY 2012 - 13 DEVI TRADECOMP.LTD. , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI A. T. VARKEY, JM ] ITA NO. 1880 /KOL/20 19 ASSESSMENT YEAR: 20 1 2 - 13 M/S. DEVI TRADECOM PVT. LTD PAN: AADCD5645A VS. I.T.O. WARD 2(2), KOLKATA APPELLANT RESPONDENT DATE OF HEARING 20 .07 .20 20 DATE OF PRONOUNCEMENT 11 . 0 8 .20 20 FOR THE APP ELLANT NONE APPEARED FOR THE RESPONDENT SHRI IMOKABA JAMIN, CIT/DR ORDER SHRI A. T. VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THEORDER OF LD. CIT(A) - 7 , KOLKATA DATED 26 - 12 - 2018 FOR THE ASSESSMENT YEAR 201 2 - 13 . 2. NONE APPEARED FOR THE ASSESSEE. WE NOTE THAT THE LD. CIT(A) HAS PASSED EX PARTE ORDER AND HAS NOT DECIDED THE CASE ON MERITS. THE LD. CIT(A) ONLY NOTES THAT ON 15 - 05 - 2017, 16 - 06 - 2017 AND 21 - 12 - 2018, THERE WAS NON - COMPLIANCE AND NONE APPEARED ON BE HALF OF ASSESSEE. HE NOTES THAT NONE APPEARED ON BEHALF OF ASSESSEE ON THE AFORESAID DATES, SO ACCORDING TO HIM THE ASSESSEE WAS NOT INTERESTED TO PURSUE THE APPEAL AND HE DISMISS ED THE APPEAL. HOWEVER, WE NOTE THAT THE ASSESSEE HAD FILED BEFORE THE LD. CIT(A) FIVE ( 5 ) GROUNDS OF APPEAL AS WELL AS FILED THE STATEMENT OF FACTS . HOWEVER, THE LD. CIT(A) HAS DISMISSED THE APPEAL WITHOUT PASSING A SPEAKING ORDER, WHICH ACTION OF THE LD. CIT(A) CANNOT BE COUNTENANCED. 3 . IT SHOULD BE KEPT IN MIND THAT IF AN ASSESSEE IS AGGRIEVED BY THE ORDER OF THE AO, THEN IT (ASSESSEE) HAS THE STATUTORY RIGHT TO FILE AN APPEAL BEFORE THE LD. CIT(A). THIS VALUABLE/STATUTORY RIGHT OF THE ASSESSEE CANNOT BE LIGHTLY BRUSHED ASIDE BY PASSING NON - SPEAKING ORDER. WE EXPECT THE ASSESSEE TO BE DILIGENT WHILE PURSUING THE APPEAL. IN THE LIGHT 2 IT A NO . 1880/KOL/2019 AY 2012 - 13 DEVI TRADECOMP.LTD. OF ABO VE DISCUSSION , THE IMPUGNED ORDER OF THE L D. CIT(A) IS SET ASIDE AND THE APPEAL IS RESTORED BACK TO HIM WITH DIRECTION TO PASS A SPEAKING ORDER BY GOING THROUGH THE STATEMENTS OF FACTS AS WELL AS ORAL/ WRITTEN SUBMISSIONS/DOCUMENTS, IF ANY, FILED BY THE AS SESSEE. THE ASSESSEE IS DIRECTED TO BE DILIGENT AND EITHER APPEAR OR/AND FILE NECESSARY PAPERS BEFORE HIM, IF ADVISED TO DO SO. 4 . IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER IS PRONOUNCED IN THE OPEN COURT ON 11 AUG. 2020 . SD/ - SD/ - ( J. SUDHAKAR REDDY) ( ABY. T. VARKEY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 11 AUG. 2020 **PP (SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. DEVI TRADECOM PVT. LTD 46 BB GANGULY ST., R.N 4, 4 TH FL., KOLKATA - 700 012. 2 RESPONDENT ITO, W 2(2), AAYKARBHAVAN, P - 7 CHOWRINGHEE SQ., KOLKATA - 69. 3. 4. 5. CIT(A) - 4 , KOLKATA (SENT THROUGH E - MAIL) CIT - , KOLKATA. DR, ITAT, KOLKATA. (SENT THROUGH E - MAIL) BY ORDER, / TRUE COPY, ASSISTANT REGISTRAR