Indian Steel and Infrastructure (P) Ltd., Kolkata V. I.TO.,Technical-I, Kolkata

ITA 2140/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0738 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 11-06-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 17-09-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: IMOKABA JAMIR
• Keywords: Opportunity of being heard; Non compliance; Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [VIRTUAL COURT HEARING] (BEFORE SHRI P.M. JAGTAP, HONBLE VICE PRESIDENT, KZ & SHRI SATBEER SINGH GODARA, HONBLE JUDICIAL MEMBER) ITA NO. 2140/KOL/2019 ASSESSMENT YEARS: 202-13 INDIAN STEEL AND INFRASTRUCTURE (P) LTD...............................................................APPELLANT C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES SIDDHA GIBSON 1, GIBSON LANE SUITE-213 2 ND FLOOR KOLKATA 700 069 [PAN : AABCI 8521 J] VS. INCOME TAX OFFICER, TECHNICAL-I, KOLKATA.....................................................RESPONDENT APPEARANCES BY: SHRI SUBASH AGARWAL, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SHRI IMOKABA JAMIR, CIT D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JUNE 11 TH , 2020 DATE OF PRONOUNCING THE ORDER : JUNE 11 TH , 2020 ORDER PER P.M. JAGTAP, VP, KZ:- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 17, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED EX-PARTE DT. 19/07/2019, WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY WHICH IS ENGAGED IN THE BUSINESS OF TRADING OF IRON & STEEL PRODUCTS AND SHARES. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY IT ON 29/09/2012 DECLARING TOTAL INCOME OF RS. 8,54,680/-. IN THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT, 1961 (ACT) VIDE ORDER DT. 30/03/2015, THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED BY THE ASSESSING OFFICER AT RS.19,43,71,357/- AFTER MAKING ADDITION OF RS.23,68,268/- ON ACCOUNT OF DISALLOWANCE OF COMMODITY LOSS AND ADDITION OF RS.19,11,48,409/- ON ACCOUNT OF COMMODITY PROFIT. AGAINST THE ORDER PASSED U/S 143(3) OF THE ACT, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A) AND SINCE THERE WAS NO SATISFACTORY COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY THE HIM, FIXING THE APPEAL FOR HEARING ON FIVE (5) DIFFERENT DATES, THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION, VIDE HIS APPELLATE ORDER DT. 19/07/2019, PASSED EX- PARTE . AGGRIEVED BY THE ORDE BEFORE THE TRIBUNAL. 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT OF THE PRELIMINARY ISSUE RAISED BY THE ASSESSEE IN THIS APPE AL CHALLENGING THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) PARTE, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THERE WAS A CHANGE IN THE ADDRESS OF THE ASSESSEE COMPANY AND EVEN THOUGHT A LETTER WAS FILED IN THE OFFICER OF THE LD. CIT(A) MAKING A REQ REPRESENTATIVE, M/S. RAY SINGH & CO., AT 22, RADHA NATH MULLICK LANE, KOLKATA 700012, IT APPEARS THAT THE NOTICES WERE STILL SENT BY THE OFFICER OF THE LD. CIT(A) AT THE OLD ADDRESS OF THE ASSESSEE. HE WAS EVER RECEIVED BY THE ASSESSEE AND SUCH NON COMPLIANCE ON THE PART OF THE ASSESSEE. KEEPING IN VIEW THESE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSE THE NON- APPEARANCE OF THE ASSESSEE BEFORE THE LD. CITA() WHEN ITS APPEAL WAS FIXED FOR HEARING ON FIVE DIFFERENT DATES. EVEN THE LD. D/R, HAS NOT RAISED ANY OBJECTION IN THIS REGARD. WE, THEREFORE, SET ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) PARTE , DISMISSING THE APPEAL OF THE ASSESSEE FOR NON BACK TO THE LD. CIT(A) FOR DISPOSING OFF THE APPEAL OF THE ASSESSEE AFRESH ON MERITS, IN ACCORDANCE WITH LAW, AFT ER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON SD/- [S.S. GODARA] JUDICIAL MEMBER DATED : 11.06.2020 {SC SPS} 2 INDIAN STEEL AND INFRASTRUCTURE (P) LTD . AGGRIEVED BY THE ORDE R OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT OF THE PRELIMINARY ISSUE RAISED BY THE AL CHALLENGING THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THERE WAS A CHANGE IN THE ADDRESS OF THE ASSESSEE COMPANY AND EVEN THOUGHT A LETTER WAS FILED IN THE OFFICER OF THE LD. CIT(A) MAKING A REQ UEST TO SEND THE NOTICE OF HEARING TO ITS AUTHORISED REPRESENTATIVE, M/S. RAY SINGH & CO., AT 22, RADHA NATH MULLICK LANE, KOLKATA 700012, IT APPEARS THAT THE NOTICES WERE STILL SENT BY THE OFFICER OF THE LD. CIT(A) AT THE OLD ADDRESS OF THE ASSESSEE. HE HAS SUBMITTED THAT NONE OF THE SAID NOTICES, THEREFORE, WAS EVER RECEIVED BY THE ASSESSEE AND SUCH NON - RECEIPT OF NOTICES RESULTED IN THE NON COMPLIANCE ON THE PART OF THE ASSESSEE. KEEPING IN VIEW THESE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSE E, WE ARE SATISFIED THAT THERE WAS A SUFFICIENT CAUSE FOR APPEARANCE OF THE ASSESSEE BEFORE THE LD. CITA() WHEN ITS APPEAL WAS FIXED FOR HEARING ON FIVE DIFFERENT DATES. EVEN THE LD. D/R, HAS NOT RAISED ANY OBJECTION IN SET ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) , DISMISSING THE APPEAL OF THE ASSESSEE FOR NON - PROSECUTION AND REMIT THE MATTER DISPOSING OFF THE APPEAL OF THE ASSESSEE AFRESH ON MERITS, IN ER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL ORDER PRONOUNCED IN THE OPEN COURT ON THE 11 TH DAY OF JUNE ITA NO. 2140/KOL/2019 ASSESSMENT YEARS: 202-13 INDIAN STEEL AND INFRASTRUCTURE (P) LTD . R OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT OF THE PRELIMINARY ISSUE RAISED BY THE AL CHALLENGING THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) EX- THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THERE WAS A CHANGE IN THE ADDRESS OF THE ASSESSEE COMPANY AND EVEN THOUGHT A LETTER WAS FILED IN THE OFFICER OF UEST TO SEND THE NOTICE OF HEARING TO ITS AUTHORISED REPRESENTATIVE, M/S. RAY SINGH & CO., AT 22, RADHA NATH MULLICK LANE, KOLKATA 700012, IT APPEARS THAT THE NOTICES WERE STILL SENT BY THE OFFICER OF THE LD. CIT(A) AT THE HAS SUBMITTED THAT NONE OF THE SAID NOTICES, THEREFORE, RECEIPT OF NOTICES RESULTED IN THE NON - COMPLIANCE ON THE PART OF THE ASSESSEE. KEEPING IN VIEW THESE SUBMISSIONS MADE BY E, WE ARE SATISFIED THAT THERE WAS A SUFFICIENT CAUSE FOR APPEARANCE OF THE ASSESSEE BEFORE THE LD. CITA() WHEN ITS APPEAL WAS FIXED FOR HEARING ON FIVE DIFFERENT DATES. EVEN THE LD. D/R, HAS NOT RAISED ANY OBJECTION IN SET ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) EX- PROSECUTION AND REMIT THE MATTER DISPOSING OFF THE APPEAL OF THE ASSESSEE AFRESH ON MERITS, IN ER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL JUNE , 2020. SD/- [ P.M. JAGTAP ] VICE PRESIDENT COPY OF THE ORDER FORWARDED TO: 1. INDIAN STEEL AND INFRASTRUCTURE (P) LTD C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES SIDDHA GIBSON 1, GIBSON LANE SUITE-213 2 ND FLOOR KOLKATA 700 069 2. INCOME TAX OFFICER, TECHNICAL 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 3 INDIAN STEEL AND INFRASTRUCTURE (P) LTD STEEL AND INFRASTRUCTURE (P) LTD C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES INCOME TAX OFFICER, TECHNICAL -I, KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES ITA NO. 2140/KOL/2019 ASSESSMENT YEARS: 202-13 INDIAN STEEL AND INFRASTRUCTURE (P) LTD . TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES