Yashaswini Commosale Pvt. Ltd., , Kolkata V. ITO, Ward - 4(2), Kolkata

ITA 214/KOL/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 6483 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Next Hearing Date: 26-09-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 15-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause
• Section: 68; 143(3); 250

Judgement Text

आयकर अपीलीय अधिकरण कोलकाता 'बी' पीठ, कोलकाता म ें IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘B’ BENCH, KOLKATA श्री संजय गग ग , न्याधयक सदस्य एवं डॉ. मनीष बोरड, ल े खा सदस्य क े समक्ष Before SRI SANJAY GARG, JUDICIAL MEMBER & DR. MANISH BORAD, ACCOUNTANT MEMBER I.T.A. No.: 214/KOL/2023 Assessment Year: 2013-14 Yashaswini Commosale Pvt. Ltd..............................Appellant [PAN: AAACY 4971 F] Vs. ITO, Ward-4(2), Kolkata........................................Respondent Appearances: Assessee represented by: Sh. Manish Tiwari, FCA. Department represented by: Sh. P.P. Barman, Addl. CIT, Sr. D/R. Date of concluding the hearing : September 27 th , 2023 Date of pronouncing the order : October 16 th , 2023 ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short ‘AY’) 2013-14 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the ‘Act’) by ld. Commissioner of Income Tax (Appeals)- NFAC, Delhi [in short ‘ld. CIT(A)’] dated 19.01.2023 arising out of the assessment I.T.A. No.: 214/KOL/2023 Assessment Year: 2013-14 Yashaswini Commosale Pvt. Ltd. Page 2 of 3 order framed by the Assessing Officer (in short ld. ‘AO’) u/s 143(3) of the Act dated 04.03.2016. 2. The assessee is in appeal before this Tribunal raising the following grounds: “1.) That on the facts and in the circumstances of the case, Ld. CIT(A) has erred in passing order u/s 250 of Income Tax Act, 1961 dated 19.01.2023 on exparte view for non-compliance. 2.) That on the facts and in the circumstances of the case, Ld. CIT(A) erred in confirming the addition of Rs. 72,62,667/- as unexplained cash credit u/s 68 of the Act on account of share capital without going into the merits of addition. 3.) That the appellant craves leave to add, alter, adduce or amend any ground or grounds on or before the date of hearing of the appeal.” 3. At the outset, ld. Counsel for the assessee submitted that in the instant appeal, the impugned order is ex-parte and the assessee failed to get sufficient opportunity to give the submissions and file relevant documents in support of its grounds raised before ld. CIT(A). Prayer was made to restore all the issues in the instant appeal to the ld. CIT(A) for fresh adjudication. 4. Ld. D/R was fair enough in not raising any objection if the issues raised in the instant appeal is restored to ld. CIT(A). 5. We have heard rival contentions and perused the records placed before us. From perusal of the impugned order, we find that there was no appearance on behalf of the assessee before ld. CIT(A) and the impugned order was passed ex-parte. 6. We, therefore, considering the prayer made by the ld. Counsel for the assessee and no objection being raised by ld. D/R, restore all the issues in the instant appeal to the ld. CIT(A) for fresh I.T.A. No.: 214/KOL/2023 Assessment Year: 2013-14 Yashaswini Commosale Pvt. Ltd. Page 3 of 3 adjudication and to pass a speaking order after considering the submissions as well as the relevant documents to be filed by the assessee on being provided adequate opportunity and to decide in accordance with law. The assessee is directed to remain vigilant and file necessary documents, if considered, in support of its grounds of appeal and should not take adjournment, unless otherwise required for reasonable cause. 7. In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 16 th October, 2023 Sd/- Sd/- [Sanjay Garg] [Manish Borad] Judicial Member Accountant Member Dated: 16.10.2023 Bidhan (P.S.) Copy of the order forwarded to: 1. Yashaswini Commosale Pvt. Ltd., 8, Amartall Street, 4 th Floor, Kolkata-700 001. 2. ITO, Ward-4(2), Kolkata. 3. CIT(A)-NFAC, Delhi. 4. CIT- 5. CIT(D/R), Kolkata Benches, Kolkata. //True copy // By order Assistant Registrar ITAT, Kolkata Benches Kolkata