M/s. P.N. Memorial Neuro Centre and Research Institute Ltd., , Kolkata V. ITO, Ward - 12(2), Kolkata , Kolkata

ITA 1902/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1725 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 04-09-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RADHEY SHYAM
• Assessee Lawyers: MANOJ KATARUKA
• Section: 68

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOLKATA BEFORE: SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER I.T.A NO.1902/KOL/2018 (ASSESSMENT YEAR 2011-12) M/S. P N MEMORIAL NEURO CENTRE AND RESEARCH INSTITUTE LTD. APPELLANT [PAN:AADCP 4772 G] VS ITO, WARD-12(2), KOLKATA RESPONDENT FOR THE APPELLANT : SHRI MANOJ KATARUKA, ADVOCATE FOR THE RESPONDENT : SHRI RADHEY SHYAM, CIT, DR DATE OF HEARING : 04.04.2019 DATE OF PRONOUNCEMENT : 14.06.2019 ORDER PER SHRI S.S. VISWANETHRA RAVI, JM: THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 05.09.2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATA FOR ASSESSMENT YEAR 2011-12 WHEREIN HE DISMISSED FOR NON-PROSECUTION. 2. WE FIND THAT THE PRESENT APPEAL WAS FILED WITH A DELAY OF 14 DAYS AND ON PERUSAL OF THE AFFIDAVIT FILED BY THE DIRECTOR OF THE ASSESSEE COMPANY AND UPON HEARING BOTH THE PARTIES, WE FIND THE REASONS STATED IN THE AFFIDAVIT REALLY PREVENTED THE ASSESSEE IN FILING THE APPEAL IN TIME. THEREFORE, THE DELAY OF 14 DAYS IS CONDONED. 3. HEARD BOTH PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOTED THAT THE ASSESSING OFFICER ASSESSED THE INCOME OF THE ASSESSEE AT RS.4,95,50,468/- MAKING VARIOUS DISALLOWANCES AND A SUBSTANTIAL ADDITION U/S 68 OF THE ACT, THE ASSESSING OFFICER OPINED THAT THE ASSESSEE COULD NOT PROVE THE IDENTITY, CREDITWORTHINESS AND GENUINENESS OF THE TRANSACTIONS IN THE ASSESSMENT PROCEEDINGS. BEFORE THE CIT(A), AS DISCUSSED ABOVE THERE WAS NO COMPLIANCE BY I.T.A NO.1902/KOL/2018 M/S. P N MEMORIAL NEURO CENTRE AND RESEARCH INSTITUTE LTD . 2 THE ASSESSEE AND THEREFORE, IT IS CLEAR THERE WAS NO OPPORTUNITY FOR THE ASSESSEE IN THE FIRST APPELLATE PROCEEDINGS TO SUBSTANTIATE ITS CLAIM. THEREFORE, AS CONTENDED BY THE LD. AR AND AGREED BY THE LD. DR, TAKING INTO CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE, WE DEEM IT PROPER TO REMIT THE MATTER TO THE FILE OF CIT(A) FOR HIS FRESH CONSIDERATION. THE ASSESSEE IS AT LIBERTY TO FILE EVIDENCE, IF ANY, IN SUPPORT OF ITS CLAIM. THUS GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14.06.2019. SD/- SD/- [DR. A. L. SAINI] [S.S. VISWANETHRA RAVI] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED :14.06.2019 PLACE : KOLKATA RS, SR.PS COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT M/S. P N MEMORIAL NEURO CENTRE AND RESEARCH INSTITUTE LTD., 8/1A/1. KEYATALA ROAD, KOLKATA 700029. 2 RESPONDENT ITO, WARD-12(2), KOLKATA. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA //TRUE COPY// BY ORDER, ASSISTANT REGISTRAR, ITAT, KOLKATA