M/s. Bhaneshwari Dealcom P. Ltd., Kolkata V. Income Tax Officer, Ward-5(3), Kolkata

ITA 1950/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4165 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 19-08-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Sale consideration of property below Jantri Value; Principle of natural justice; Set aside

Judgement Text

1 ITA NO.1950/KOL/2019 M/S. BHANESHWARI DEALCOM P. LT D., AY- 2008-09 , C(SMC) , IN THE INCOME TAX APPELLATE TRIBUNAL C(SMC) BENCH : KOLKATA ( ) . . , ) [BEFORE SHRI A. T. VARKEY, JM] ITA NO.1950/KOL/2019 ASSESSMENT YEAR: 2008-09 M/S. BHANESHWARI DEALCOM PVT. LTD. (PAN: AACCB0450C) VS. INCOME TAX OFFICER, WD-5(3), KOLKATA APPELLANT RESPONDENT DATE OF HEARING 19.12.2019 DATE OF PRONOUNCEMENT 26.02.2020 FOR THE APPELLANT SHRI DEVESH PODDAR, ADVOCATE FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT, SR. D R ORDER THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-16, KOLKATA DATED 28-06-2019 FOR THE ASSESSMENT YEAR 2008-09. 2. AT THE OUTSET ITSELF, LD. COUNSEL FOR THE ASSESS EE SUBMITTED THAT THE IMPUGNED ORDER OF THE LD. CIT(A) IS AN EX PARTE ORDER WITHOUT HEAR ING THE ASSESSEE. HE ALSO SUBMITTED THAT THE HEARING OF THE APPEAL BEFORE THE LD. CIT(A) WAS FIXED ON THREE OCCASIONS. HOWEVER, NO NOTICE OF HEARING WAS RECEIVED BY THE ASSESSEE IN R ESPECT OF HEARING FIXED. HENCE, HE URGED BEFORE THE BENCH TO SET ASIDE THE ORDER OF LD. CIT( A) AND RESTORE THE MATTER TO HIS FILE FOR FRESH ADJUDICATION AFTER GIVING PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE. LD. DR OPPOSED THE PRAYER OF THE ASSESSEE AND URGED BEFORE THE BENCH NOT TO INTERFERE IN THE ORDER PASSED BY THE LD. CIT(A). IT IS NOTED THAT THE I MPUGNED ORDER IS AN EX PARTE ORDER WITHOUT HEARING THE ASSESSEE. NO PROOF OF SERVICE OF NOTICE IS ALSO MENTIONED IN THE ORDER OF THE LD. CIT(A). SINCE THE IMPUGNED ORDER IS AN EX PARTE OR DER WITHOUT HEARING THE ASSESSEE ON MERITS FOR THE INTEREST OF NATURAL JUSTICE AND FAIR PLAY, I SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMAND THE APPEAL BACK TO THE FILE OF THE LD. C IT(A) TO DECIDE THE APPEAL ON MERITS AFTER HEARING THE LD. AR OF THE ASSESSEE AND THE ASSESSEE IS DIRECTED TO BE DILIGENT IN FUTURE AND APPEAR BEFORE THE LD. CIT(A) WITHOUT FAIL. 2 ITA NO.1950/KOL/2019 M/S. BHANESHWARI DEALCOM P. LT D., AY- 2008-09 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 26TH FEB RUARY, 2020. SD/- (ABY. T. VARKEY) JUDICIAL MEMBER DATED : 26TH FEBRUARY, 2020 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. BHANESHWARI DEALCOM PVT. LTD., ROOM NO. 301, 24, HEMANT BASU SARANI, KOLKATA-700 001. 2 RESPONDENT ITO, WARD-5(3), KOLKATA. 3. 4. 5. CIT(A)-16, KOLKATA (SENT THROUGH E-MAIL) CIT- , KOLKATA. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) BY ORDER, / TRUE COPY, ASSISTANT REGISTRAR