Prajapati Exports Pvt. Ltd., , Kolkata V. ITO, Ward - 1(4), , Kolkata

ITA 2057/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5324 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 01-10-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SHANKAR HALDER JCIT LD
• Assessee Lawyers: BRIJESH KUMAR SINGH LD
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM & HONBLE SHRI DR. ARJUN LAL SAINI, AM ] I .T . A NO. 2057/KOL/2018 A.Y 20 09 - 10 M/S. PRAJAPATI EXPORTS PVT. LTD . VS. I.T.O., WARD 1(4), KOLKATA PAN: AA ECP9820A (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI BRIJESH KUMAR SINGH, ADVOCATE, LD.AR FOR THE RESPONDENT : SHRI SHANKAR HALDER, JCIT, LD.SR.DR DATE OF HEARING : 07 - 05 - 2019 DATE OF PRONOUNCEMENT: 15 - 0 5 - 2019 ORDER SHRI S.S. GODARA, JM : 1. THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 20 09 - 10 ARISE S AGAINST THE CIT(A) , 1 , KOLKATA S ORDER DATED 31 - 08 - 2018 PASSED IN CASE NO . 26075/ CIT(A) - 1/W AR D - 1(4)/2015 - 16 INVOLVING PROCEEDINGS U/S 143(3) /147/263/144 OF THE I.T ACT , 1961 (IN SHORT ACT) . HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES ONLY GRIEVANCE RAISED IN THE INSTANT APPEAL SEEKS TO DELETE SECTION 68 OF THE ACT ADDITION OF BOGUS CASH CREDIT IN THE NATURE OF ITS SHARE APPLICATION MONEY AMOUNTING TO RS.6,26,00,000/ - MADE IN THE COURSE OF ASSESSMENT AS UPHELD IN LOWER AP PELLATE PROCEEDINGS. 3. IT TRANSPIRES AT THE OUTSET AFTER HEARING BOTH THE PARTIES THAT THE CIT(A) HAS PASSED HIS LOWER APPELLATE ORDER EX PARTE WHILST AFFIRMING THE IMPUGNED BOGUS CASH CREDIT IN THE LOWER APPELLATE PROCEEDINGS. 2 ITA NO. 2057/KOL/2018 M/S. PRAJAPATI EXPORTS PVT. LTD 2 4 . SHRI SHANKAR HALDER, JCIT, LD. SR.DR VEHEMENTLY CONTENDS DURING THE COURSE OF HEARING THAT THE ASSESSE NEVER PUT IN APPEARANCE IN THE FIRST APPELLATE PROCEEDINGS , WHICH MADE THE CIT(A) TO PROCEED EX PARTE. WE FIND NO REASON TO EXPRESS OUR CONCURRENCE WITH THE REVENUE S SUBMISSIONS. WE NOTICE FROM PAGE - 2 PARA - 3 IN THE CIT(A)S ORDER THAT THERE IS NO EVEN AN INDICATION AS TO WHETHER THE ASSESSE E HAD ACTUALLY BEEN SERVED RELEVANT HEARING NOTICE OR NOT. COUPLED WITH THIS, THE CIT(A) HAS UPHELD THE IMPUGNED ADDITION ON MER ITS WITHOUT EVEN DISCUSSING RELEVANT FACTUAL BACKDROP OF FACTS FOLLOWED BY DETAILED ADJUDICATION AS CONTEMPLATED U/S. 250(6) OF THE ACT. WE THEREFORE DEEM IT APPROPRIATE TO RESTORE THE INSTANT ISSUE(S) BACK TO THE CIT(A) FOR FRESH ADJUDICATION ON MERITS AS PER LAW WITHIN THREE EFFECTIVE HEARINGS. 5 . TH IS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSE IN ABOVE TERMS. ORDER PRONOUNCED IN THE COURT ON 15 - 05 - 2019 SD/ - SD/ - [ DR. ARJUN LAL SAINI ] [ S.S.GODARA ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 15 - 05 - 2019 **PRADIP, SR. PS C OPY OF THE ORDER FORWARDED TO: 1 . APPELLANT/ ASSESSEE: M/S. PRAJAPATI EXPORTS PVT. LTD C/O SUBASH AGARWAL & ASSOCIATES, SIDDHA GIBSON, 1 GIBSON LANE, 2 ND FL., SUITE - 213, KOLKATA - 69. 2 . RESPONDENT/ DEPARTMENT: INCOME TAX OFFICER, WARD 1(4), AAYKAR BHAWAN, P - 7 CHOWRINGHEE SQUARE, KOLKATA - 69. 3..C.I.T (A) . - 4. C.I.T. - KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR H.O.O/D.D.O KOLKATA