Mercury Fund Management Co. Ltd., , Kolkata V. ITO, Ward - 7(1), Kolkata , Kolkata

ITA 228/KOL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6289 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 12-02-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: PIJUSH MUKHERJEE CIT DR RE
• Assessee Lawyers: MANOJ KATARUKA

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. 228 / KOL/201 8 ASSESSMENT YEAR: 2011 - 12 MERCURY FUND MANAGEMENT CO. LTD.. . . .......APPELLANT 3 GREAT EASTERN HOTEL OLD COURT HOUSE STREET KOLKATA 700 069 [PAN : AAECM 0223 C ] INCOME TAX OFFICER, WARD - 2 ( 1 ), KOLKATA. .... RESPONDENT P - 7, CHOWRINGHEE SQUARE AAYKAR BHAWAN KOLKATA 700 069 APPEARANCES BY: SHRI MANOJ KATARUKA, 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 : MAY 3 RD , 201 8 DATE OF PRONOUNCING THE ORDER : MAY 16 TH , 201 8 O R D E R PER J. SUDHAKAR REDDY : - THIS APPEAL FILED BY THE ASSESS E IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 15 , KOLKATA , (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 18 / 12 /201 7, RELATING TO THE ASSESSMENT YEAR 2011 - 12. 2. IN THIS CASE, I FIND THAT THE LD. FIRST APPELLATE AUTHORITY, HAS PASSED AN EX - PARTE ORDER. THE ASSESSEE HA S DEMONSTRATED BEFORE ME THAT HE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE LD. CIT(A) ON THE DATE OF HEARING. THE LD. D/R, SUBMITTED THAT IT WOULD BE APPROPRIATE IF THE ASSESSMENT IS SET ASIDE TO THE FILE OF THE ASSESSING OFFICER AS THIS CASE WOULD REQUIRE VERIFICATION OF SOME OF THE EVIDENCES FILED BY THE ASSESSEE. 3 . IN VIEW OF THE ABOVE SUBMISSIONS, WE SET ASIDE THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 16 TH DAY OF MA Y , 201 8 . SD/ - [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 16 . 0 5 .201 8 {SC SPS} 2 I.T.A. NO. 228/KOL/2018 ASSESSMENT YEAR: 2011 - 12 MERCURY FUND MANAGEMENT CO. LTD C OPY OF THE ORDER FORWARDED TO: 1. MERCURY FUND MANAGEMENT CO. LTD 3 GREAT EASTERN HOTEL OLD COURT HOUSE STREET KOLKATA 700 069 2. INCOME TAX OFFICER, WARD - 2(1), 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. I TAT, KOLKATA BENCHES