Dhanraksha Traders Private Limited , Kolkata V. ITO, Ward - 9(1), Kolkata, Kolkata

ITA 2251/KOL/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6029 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 30-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH.S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.2251/KOL/2017 (ASSESSMENT YEAR-2012-13) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 05.05.2015 PASSED BY CIT(A)-16, KOLKATA U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) FOR AY 2012-13. 2. IT IS NOTED FROM THE RECORD THAT THE ASSESSEE FILED THIS APPEAL ON 30.10.2017 AND THE REGISTRY, ITAT, KOLKATA BENCH ISSUED NOTICE DATED 30.10.2018 INTIMATING THE DATE OF HEARING ON 12.11.2018. BUT, HOWEVER, IT IS NOTED THAT NO APPEARANCE WHATSOEVER WAS MADE BY THE ASSESSEE ON 12.11.2018 AND THE APPEAL WAS ADJOURNED TO 06.12.2018. THE REGISTRY, ITAT, KOLKATA BENCH ISSUED ANOTHER NOTICE DATED 12.11.2018 TO THE ASSESSEE INTIMATING THE DATE OF HEARING ON 06.12.2018. THE RESPONDENT REVENUE REQUESTED ADJOURNMENT ON 06.12.2018 AND THIS TRIBUNAL CONSIDERING THE SAID REQUEST ADJOURNED THIS APPEAL TO 17.01.2019 I.E. TODAY. WHEN THE MATTER WAS CALLED, WE FIND NO REPRESENTATION ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FILED SEEKING ADJOURNMENT. THE ASSESSEE CALLED ABSENT AND SET EX-PARTE. THEREFORE, WE PROCEED TO HEAR LD.DR. DHANRAKSHA TRADERS PVT.LTD., 4B, NALINI SETH ROAD, KOLKATA-700007. PAN-AAECD1524F VS ITO, WARD-9(1), P-7, CHOWRINGHEE SQUARE, KOLKATA- 700069. (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. S.HALDER, SR.DR DATE OF HEARING 17.01.2019 DATE OF PRONOUNCEMENT 23.01.2019 ITA NO.2251/KOL/2017 (ASSESSMENT YEAR-2012-13) PAGE | 2 3. HEARD LD.DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOTED THAT THE AO MADE SUBSTANTIAL ADDITION U/S 68 OF THE ACT TO THE EXTENT OF RS.17,32,40,000/-. THE ASSESSEE CHALLENGED THE SAME BEFORE CIT(A) BUT HOWEVER, NO REPRESENTATION WHATSOEVER WAS MADE IN THE FIRST APPELLATE PROCEEDINGS. THEREBY, THE CIT(A) CONFIRMED THE ADDITION MADE BY THE AO EX-PARTE OF THE ASSESSEE. AS DISCUSSED ABOVE BEFORE THIS TRIBUNAL, THERE WAS NO APPEARANCE ON BEHALF OF THE ASSESSEE IN SPITE OF HAVING KNOWLEDGE OF FILING THIS APPEAL AND ISSUED NOTICE THEREON. THEREFORE, TAKING INTO CONSIDERATION THE FACTS AND CIRCUMSTANCES OF THE CASE AND SUBMISSIONS OF LD. DR, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF CIT(A) FOR HIS FRESH CONSIDERATION SUBJECT TO THE PAYMENT OF COST OF RS.5,000/- BY THE ASSESSEE IN FAVOUR OF PRIME MINISTER RELIEF FUND WITHIN 15 DAYS FROM THE DATE OF RECEIPT OF THIS ORDER. THUS, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 23.01.2019. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ DATE:-23.01.2019 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- DHANRAKSHA TRADERS PVT.LTD., 4B, NALINI SETH ROAD, KOLKATA-700007. 2. RESPONDENT- ITO, WARD-9(1), P-7, CHOWRINGHEE SQUARE, KOLKATA- 700069. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES BY ORDER AR/H.O.O ITAT, KOLKATA