M/s. Sparks Jewels & Stones Merchants (P) Ltd., , Kolkata V. ITO, Ward - 7(3), , Kolkata

ITA 2080/KOL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8409 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 03-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Condonation of delay
• Section: 68; 144

Judgement Text

1. ITA No. 2080/Kol/2018 AY 2012-13 M/s. Sparks Jewels & Stones Merchants P.Ltd. आयकर अपील य अ धकरण, कोलकाता पीठ ‘ B ’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCH ‘ B ’ , KOLKATA सम : ी मनीष बोरड, लेखा सद य एवं ी संजय शमा या यक सद य Before: Shri Manish Borad, Accountant Member, and Shri Sonjoy Sarma, Judicial Member आयकर अपील सं.य/ ITA No. 2080/Kol/2018 Assessment Year:2012-13 M/s. Sparks Jewels & Stones Merchants (P) Ltd.12 B.B. Ganguly Street, 1 st Fl., Kolkata- 700 012. बनाम V/s. I.T.O. Ward 7(3),Aaykar Bhawan, P-7 Chowringhee Square, Kolkata-700 069. PAN: AAPCS4129Q अपीलाथ /Appellant .. यथ /Respondent अपीलाथ क ओर से/By Appellant None यथ क ओर से/By Respondent Shri Sudipta Guha, CIT, Ld.DR स ु नवाई क तार ख/Date of Hearing 11-08-2022 घोषणा क तार ख/Date of Pronouncement 11-08 -2022 आदेश /O R D E R Per Sonjoy Sarma, JM : This is an appeal filed by the assessee against the order dated 27- 06-2018 passed by the ld. Commissioner of Income-tax (Appeals), [in short, the ld. CIT(A)], 18, Kolkata for the AY 2012-13. 2. ITA No. 2080/Kol/2018 AY 2012-13 M/s. Sparks Jewels & Stones Merchants P.Ltd. 2. It is noticed that the appeal of filed by the assessee is time barred by 17 days. For which COD(Condonation of Delay) was filed by the assessee vide submission dt. October 04, 2018. The assessee submitted that the order u/s.250 of the Income Tax Act, 1961, dt.27.06.2018 for the AY 2012- 13, passed by the CIT(A)-18/Kolkata was received by Assessee’s office assistant on 19.07.2018. However, he didn't bring it to the knowledge of the management and proceeded on leave. Hence, the said order remained unnoticed till 26.09.2018 and when management scrutinized the order on that very date and decided to file appeal against the additions/disallowances made therein. The Ld.AR stated that due to the reason mentioned in the C.O.D (Condonation of Delay) the appeal against the order dt.27.06.2018 u/s.250 of the Income Tax Act, 1961 couldn't be filed in time, since the order was received on 19.07.2018, the limitation for filing appeal in this case was expired on 18.09.2018. Thus, there is a delay of 17 days in filing the present appeal. 3. We after going through the contentions in the application for condonation of delay filed by the appellant/assessee and hearing the ld. DR, we condone the impugned delay in filing this appeal of assessee and admit the appeal to dispose off the same on merits. 4. When the case was called for, none appeared on behalf of the assessee. On perusal of records shows that number of opportunities have been given to the assessee, but there is no compliance on the part of assessee/appellant. It seems that the assessee is not interested to pursue this appeal. Therefore, we decided to adjudicate/dispose off the appeal filed by the assessee with the assistance of the Ld.DR and material available on record. The ld. DR vehemently argued in support of the orders of the lower authorities. 3. ITA No. 2080/Kol/2018 AY 2012-13 M/s. Sparks Jewels & Stones Merchants P.Ltd. 5. The assessee has raised the following grounds:- 01) That under the facts & circumstances of the case, the Ld. CIT(A) erred in passing order ex-parte. 02) That under the facts & circumstances of the case, the order u/s. 144 of the Income Tax Act, 1961, passed by the AO is bad in law. 03) That under the facts & circumstances of the case, the Ld. CIT(A) erred in confirming the addition of a sum of Rs.101,71,40,000/- made by the AO holding the same to be unexplained cash credit u/s 68 of the Income Tax 1961. The addition is unjustified and hence need to be deleted. 04) The appellant craves leave to add, alter, amend, modify or withdraw any grounds of this appeal. 6. We have heard the Ld. Departmental Representative and perused the record placed before us. While going through the records of the case and perusing the impugned order passed by the ld. CIT-A, we find that the order passed by the ld. CIT(A) is an ex parte order without considering the submissions of the assessee. The appellant assessee did not get sufficient opportunity to submit/file necessary documents and submissions before the ld. CIT(A). We, therefore, under the given factual circumstances of the case are of the view that since the order of the ld. CIT(A) is an ex parte and no fruitful discussion has been made on merits of the case. We, therefore, in the interest of justice remand the matter back to the file of the ld. CIT(A) for deciding the issue(s) raised before us afresh by way a speaking order. We also direct the assessee to remain vigilant on receiving and responding the notice(s) of hearing of the ld. CIT(A) and should not request for any adjournment unless otherwise required for reasonable cause and should also file all requisite documents, if any, to the ld. CIT(A) so as to facilitate/adjudicate the issue(s) afresh by a reasoned order. Needless to 4. ITA No. 2080/Kol/2018 AY 2012-13 M/s. Sparks Jewels & Stones Merchants P.Ltd. mention that the assessee should be given proper opportunity of being heard. 7. Grounds raised by the assessee are allowed for statistical purpose. प रणामत: नधा रती क अपील सांि यक उ दे य से मंज ू र क जाती है। 8. In the result, the appeal of the assessee is allowed for statistical purpose. आदेश ख ु ले यायपीठ म दनांक 1 11 -08-2022 को उ घो षत। The order pronounced in the open Court on 11-08-2022 Sd/- Sd/- मनीष बोरड, लेखा सद य संजय शमा या यक सद य (MANISH BORAD) (SANJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER दनांक /Dated : 11-08-2022 **PP/SPS आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1.अपीलाथ /Appellant/Assessee: M/s. Sparks Jewels & Stones Merchants (P) Ltd.12 B.B. Ganguly Street, 1 st Fl., Kolkata-700 012. 2. यथ /Respondent/Revenue: I.T.O. Ward 7(3),Aaykar Bhawan, P-7 Chowringhee Square, Kolkata-700 069. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त- अपील / CIT (A) 5. वभागीय त न ध, आयकर अपील य अ धकरण कोलकाता / DR, ITAT, Kolkata 6. गाड फाइल / Guard file. /True Copy By order/आदेश से, Assistant Registrar ITAT, Kolkata