Sristi Developers Private Limited , Kolkata V. ITO, Ward - 5(1), Kolkata , Kolkata

ITA 1916/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 8492 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 05-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTAACHARYA
• Keywords: Unexplained investment
• Section: 147; 2; 69B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1916/KOL/2018 ASSESSMENT YEAR:2010-11 SRISTI DEVELOPERS PVT. LTD., 1, BRABOURNE ROAD, KOLKAA-700001 [ PAN NO.AALCS 4848 J ] / V/S . INCOME TAX OFFICER, WARD-5(1), P-7, CHOWRINGHEE SQUARE, 8 TH FLOOR,KOLKATA-69 /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI ARINDAM BHATTAACHARYA, ADDL. CIT-DR /DATE OF HEARING 01-01-2019 /DATE OF PRONOUNCEMENT 04-01-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2010-11 ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-2, KOLKATAS O RDER DATED 05.06.2018 PASSED IN CASE NO.11472/CIT(A)-2/2015-16 AFFIRMING ASSESSING OFFICERS ACTION INVOLVING PROCEEDINGS U/S. 144/147 OF THE INCOME TAX ACT, 196 1; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHES T. IT IS ACCORDINGLY PROCEED EX PARTE . 2. IT IS NOTICED AT THE OUTSET THAT THE ASSESSEES INSTANT APPEAL SUFFERS FROM TWO DAYS DELAY IN FILING STATED PETITION TO BE ATTRIBUT ABLE TO VARIOUS PROCEDURED LAPSES. MR. BHATTACHARYA IS FAIR ENOUGH IN NOT DISPUTING CORREC TNESS THEREOF DURING THE COURSE OF HEARING. I THEREFORE CONDONE THE IMPUGNED DELAY OF TWO DAYS IN FILING OF INSTANT APPEAL. 3. ON PERUSAL OF THE INSTANT CASE FILE REVEALS THAT CIT(A) HAS AFFIRMED THE ASSESSING OFFICERS ACTION BOTH IN TAKING RECOURSE U/S 147 PROCEEDINGS AS WELL AS IN ITA NO. 1916/KOL/2018 A.Y.2010-1 1 SRITI DEVELOPERS PVT. LTD. VS. ITO WD-5(1), KO L. PAGE 2 MAKING SEC.69B UNEXPLAINED INVESTMENT ADDITION OF 10 LAC. HE HAS PASSED HIS LOWER APPELLATE ORDER EX PARTE . PAGE 2 OF THE LOWER APPELLATE ORDER INDICATES THA T THE CIT(A) COULD NOT ENSURE PHYSICAL SERVICES OF NOTICE. HE TH US QUOTED IT THROUGH THE ASSESSING OFFICER VIA E-MAIL MODE. IT IS VEHEMENTLY CONTENDED AT THE REVENUES BEHEST THAT CIT(A) HAS RIGHTLY CONFIRMED THE ASSESSING OFFICER S ACTION ON BOTH COUNTS ON MERIT. I FIND NO REASON TO EXPRESS MY CONCURRENCE WITH THE S AME SINCE THE CIT(A) HAS NOWHERE CONSIDERED MERITS OF THE ISSUE IN VIEW OF T HE RELEVANT BASIC FACTS FOLLOWED BY A DETAILED ADJUDICATION U/S.250(6) OF THE ACT. I TH EREFORE DEEM IT FIT TO RESTORE THE INSTANT LIS BACK TO THE CIT(A) FOR AFRESH ADJUDICAT ION ON MERITS. 4. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTIC AL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 04/01/2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS - 04/01/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SRISTI DEVELOPERS PVT. LTD. 11,BRABOURNE RD. KOLKAKTA-001 2. /RESPONDENT-ITO WARD-5(1), P-7, CHOWRINGHEE SQ. 8 TH FL, KOLKATA-69 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ',