M/s. BNK Securities Pvt. Ltd., Kolkata V. ITO, Ward - 5(3), Kolkata, Kolkata

ITA 2180/KOL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1752 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 12-10-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: PIJUSH MUKHERJEE CIT DR RE
• Assessee Lawyers: S M SURANA
• Keywords: Opportunity of being heard
• Section: 12

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, A CCOUNTANT M EMBER ] I.T.A. NO. 2180 /KOL/201 7 ASSESSMENT YEAR: 20 1 1 - 12 M/S. BNK SECURITIES P. LTD ..... . . . ... APPELLANT MAYFAIR TOWER 2, PALM AVENUE BALLYGUNGE KOLKATA 700 019 [PAN : AABCB 0771 F] INCOME TAX OFFICER, WARD - 5(3), KOLKATA . .. ... RESPONDENT P - 7, CHOWRINGHEE SQUARE AAYKAR BHAWAN KOLKATA 700 069 APPEARANCES BY: SHRI S.M. SURANA , ADVOCATE , APPEAR ED ON BEHALF OF THE ASSESSEE. SHRI PIJUSH MUKHERJEE , ADDL. CIT , DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 15 TH , 2017 DATE OF PRONOUNCING THE ORDER : JANUARY 19 TH , 201 8 O R D E R PER J. SUDHAKAR REDDY : - THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 2 , KOLKATA , (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 25 / 0 8 /201 7 , FOR THE ASSESSMENT YEAR 20 1 1 - 12 . 2 . AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE LD. FIRST APPELLATE AUTHORITY HAS NOT PASSED AN APPROPRIATE ORDER IN THIS CASE. THE WRITTEN SUBMISSIONS OF SOME OTHER CASE HAVE BEEN CUT AND PASTED IN THIS APPEAL. NO SPEAKING ORDER HAS BEEN PASSED. DUE TO T HESE MISTAKES, I SET ASIDE THIS ISSUE TO THE FILE OF THE LD. CIT(A), FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW, AFTER GIVING THE ASSESSEE ADEQUATE 2 I.T.A. NO. 2180/KOL/2017 ASSESSMENT YEAR: 2011 - 12 M/S. BNK SECURITIES P. LTD OPPORTUNITY OF BEING HEARD. THE LD. CIT(A) MAY PASS A SPEAKING ORDER AFTER CONSIDERING THE RELEVANT SUBM ISSIONS OF THE ASSESSEE. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 19 TH DAY OF JANUARY , 201 8 . SD/ - [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 19 . 01 .201 8 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. M/S. BNK SECURITIES P. LTD MAYFAIR TOWER 2, PALM AVENUE BALLYGUNGE KOLKATA 700 019 2. INCOME TAX OFFICER, WARD - 5(3), KOLKATA P - 7, CHOWRINGHEE SQUARE AAYKAR BHAWAN KOLKATA 700 069 3. CIT(A) - 4. CIT - , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES 3 I.T.A. NO. 2180/KOL/2017 ASSESSMENT YEAR: 2011 - 12 M/S. BNK SECURITIES P. LTD