R. P. Infosystems Ltd., Kolkata V. DCIT, Circle - 4(2), Kolkata, Kolkata

ITA 2142/KOL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4588 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 06-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RABIN CHOUDHURY
• Assessee Lawyers: MANISHI TIWARY
• Keywords: Bad and doubtful debts
• Section: 144

Judgement Text

, B , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 2142 / KOL / 2017 ASSESSMENT YEAR :2014-15 R.P. INFOSYSTEMS LTD. 20/1C, 2 ND FLOOR, LALBAZAR STREET, KOLKATA-700001 [ PAN NO.ADCR 0949 R ] V/S . DCIT, CIRCLE-4(2), AAYAKAR BHAWAN, P-7, CHORWINGHEE SQUARE, KOLKATA-700 069 /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI MANISHI TIWARY, FCA /BY RESPONDENT SHRI RABIN CHOUDHURY, CIT-DR /DATE OF HEARING 25-07-2019 /DATE OF PRONOUNCEMENT 28-08-2019 / O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-2 KOLKATAS OR DER DATED 11.07.2017 PASSED IN CASE NO.10896/CIT(A)-2/16-17, INVOLVING P ROCEEDINGS U/S 144 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES FOUR FOLDED SUBSTANTIVE GROUNDS R AISED IN THE INSTANT LIS CHALLENGE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION DISALLOWING / ADDING BAD DEBTS RETURNS OF PENALTY, WITH INTEREST, RENT, COMMISSION, PROFESSIONAL FEES INTEREST, SALARY ETC. AND CONTRIBUTION TO PF AND ES I INVOLVING FIGURE(S) OF 4,44,00,854/-, 4,44,00,834/-, 2,79,89,614/- & 9,65,224/-; RESPECTIVELY. IT APPEARS AT THE OUTSET FROM A PERUSAL OF THE CIT(A) S DETAILED ADJUDICATION IN ITA NO.2142/OL/2017 A.Y. 2014- 15 R.P. INFOSYSTEMS LTD. VS. DCIT, CIR-4( 2),KOL. PAGE 2 PARA-6 THAT ALTHOUGH THE TAXPAYER HAD FILED ITS DET AILED WRITTEN SUBMISSIONS, THE SAME HAVE NOWHERE BEEN ADJUDICATED AS CONTEMPLA TED U/S 250(6) OF THE ACT REQUIRING FRAMING OF POINTS OF DETERMINATION FO LLOWED BY A DETAILED DISCUSSION IN THE LOWER APPELLATE ORDER. THE FACT A LSO REMAINS THAT THE ASSESSEE HAD NOT APPEARED DURING THE COURSE OF ASSE SSMENT FRAMED U/S 144 OF THE ACT. WE THEREFORE DEEM IT APPROPRIATE IN LAR GER INTEREST OF JUSTICE THAT THE LEARNED ASSESSING OFFICER REQUIRED TO EXAMINE A LL THESE FOUR ISSUES ONCE AGAIN WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARI NG. WE ORDER ACCORDINGLY SUBJECT TO PAYMENT OF 10,000/- AS COST AS AGREED BETWEEN THE PARTIES DURING THE COURSE OF HEARING. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE LEARNED ASSESSING OFFICER ON OR BEFORE 15 TH NOVEMBER ALONGWITH A COPY OF OUR INSTANT REMAND DIRECTIONS. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT 28/08/2019 SD/- SD/- ( %) (' %) ( A.L.SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, *DKP (- 28 / 08 /201 9 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-R.P.INFOSYSTEMS LTD. 20/1C, 2 ND FLOR, LALBAZAR ST. KOLKATA-001 2. /RESPONDENT-DCIT,CIR-4(2), AAYAKAR BHAWAN, P-7, CHO WRINGHEE SQ. KOLKATA-69 3. 3 4 / CONCERNED CIT KOLKATA 4. 4- / CIT (A) KOLKATA 5. 7 ''3, 3, / DR, ITAT, KOLKATA 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ 3,