M/s. Sree Maa Sarada Ores & Forgings India Pvt. Ltd., , Howrah V. DCIT, Circle - 13(2), Kolkata, Kolkata

ITA 2189/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2047 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 13-10-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHUR Y
• Assessee Lawyers: BRIJESH KUMAR SINGH

Judgement Text

1 ITA NO. 2189/KOL/2017 M/S. SREE MAA SARADA ORES & FORGINGS INDIA PVT. LTD ., AY 2012-13 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA ( ) BEFORE . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VA RKEY, JM] I.T.A. NO. 2189/KOL/2017 ASSESSMENT YEAR: 2012-13 M/S. SREE MAA SARADA ORES & FORGINGS INDIA PVT. LTD. (PAN: AAJCS0988F) VS. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-13(2), KOLKATA. APPELLANT RESPONDENT DATE OF HEARING 12.11.2018 DATE OF PRONOUNCEMENT 16.11.2018 FOR THE APPELLANT SHRI BRIJESH KUMAR SINGH, ADVOCAT E FOR THE RESPONDENT SHRI ROBIN CHOUDHURY, ADDL. CIT , SR. DR ORDER PER SHRI A.T.VARKEY, JM THIS APPEAL PREFERRED BY THE ASSESSEE IS AGAINST TH E ORDER OF THE LD. CIT(A)-5, KOLKATA DATED 10.03.2017 FOR AY 2012-13. 2. AT THE OUTSET ITSELF THE LD. COUNSEL FOR THE ASS ESSEE DREW OUR ATTENTION TO THE FACT THAT THE IMPUGNED ORDER OF THE LD. CIT(A) IS AN EX PARTE ORDER AND THAT NO NOTICE HAS BEEN SERVED NEITHER ON THE ASSESSEE NOR THE OFFICIAL LIQ UIDATOR. IT WAS BROUGHT TO OUR NOTICE THAT THE ASSESSEE COMPANY IS IN THE PROCESS OF WINDING U P AND THAT PROCEEDING IS AT ITS FINAL STAGE BEFORE THE HONBLE HIGH COURT OF CALCUTTA. THE LD. AR DREW OUR ATTENTION TO THE ORDER OF THE HONBLE HIGH COURT DATED 16.05.2017 WHEREIN THE HONBLE HIGH COURT DIRECTED THE OFFICIAL LIQUIDATOR TO TAKE POSSESSION OF THE ASSET S OF THE COMPANY, THEREFORE, IN THE FITNESS OF THINGS THE OFFICIAL LIQUIDATOR HAS TO BE SERVED THE NOTICE OF THE APPEAL. IN THE AFORESAID SCENARIO, WE ARE INCLINED TO SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMAND THE MATTER 2 ITA NO. 2189/KOL/2017 M/S. SREE MAA SARADA ORES & FORGINGS INDIA PVT. LTD ., AY 2012-13 BACK TO HIS FILE WITH THE DIRECTION THAT HE MAY ISS UE NOTICE TO THE OFFICIAL LIQUIDATOR AS WELL AS THE ASSESSEE COMPANY AND ADJUDICATE AFRESH THE A PPEAL ON MERITS IN ACCORDANCE TO LAW. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 16/11/201 8 SD/- SD/- (J. SUDHAKAR REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16TH NOVEMBER, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 APPELLANT M/S. SREE MAA SARADA ORES & FORGINGS IN DIA PVT. LTD., C/O KAUSHIK DAS, BALTIKURI, KALITALA NORTH, 50, JAGACHA SADAR, HOWRA H-711113. 2 RESPONDENT DCIT, CIRCLE-13(2), KOLKATA. 3 4 5 CIT(A)-5, KOLKATA. (SENT THROUGH E-MAIL) CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, SR. PVT. SECRETARY