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

ITA 2311/KOL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1233 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 06-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE CIT REV
• Assessee Lawyers: PANKAJ BAID
• Keywords: Unexplained cash credit
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SHRI P.M. JAGTAP, AM AND SHRI S.S. VISWANETHRA RAVI, JM I.T.A. NO. 2311/KOL/2016 ASSESSMENT YEAR: 2012-13 M/S. BIAWANATH RESIDENCY PVT. LTD................................APPELLANT 27, BRABOURNE ROAD, NARAYANI BUILDING, KOLKATA 700 001 [PAN: AAACW 6514 A] ITO WARD 5(3).............................................RESPONDENT P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069 APPEARANCES BY: SHRI PANKAJ BAID, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI ARINDAM BHATTACHARJEE, ADDL CIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : FEBRUARY 15, 2018 DATE OF PRONOUNCING THE ORDER : MARCH 23, 2018 ORDER PER S.S. VISWANETHRA RAVI, JM THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 19.10.2016 PASSED BY THE LD. CIT(APPEALS) 2, KOLKATA FOR ASSESSMENT YEAR 2012-13. 2. THE ONLY ISSUE IS TO BE DECIDED AS TO WHETHER THE CIT(A) JUSTIFIED THE PASSING ORDER EX-PARTE IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. THE LEARNED AR FILED ADJOURNMENT APPLICATION DATED 14.02.2018 AND SUBMITTED THE ASSESSEE INTENDS TO FILE PAPER BOOK AND ADJOURNMENT MAY BE GRANTED TO THAT EFFECT. WE FIND THAT THE CIT(A)ISSUED NOTICES TO THE ASSESSEE AND THE ASSESSEE FILED APPLICATIONS SEEKING ADJOURNMENTS FROM TIME TO TIME. THE CIT(A) 2 I.T.A. NO. 2311/KOL/2016 ASSESSMENT YEAR: 2012-13 M/S. BISWANATH RESIDENCY PVT. LTD. HAVING GIVEN FIVE ADJOURNMENTS FOR HEARING AND FOR NO COMPLIANCE ON BEHALF OF THE ASSESSEE PASSED EX-PARTE ORDER. THE LEARNED DR DID NOT CONTROVERT THE SAME. THE LEARNED DR SUBMITS THAT THE ASSESSEE REMAINED ABSENCE BEFORE THE FIRST APPELLATE AUTHORITY IN SPITE OF HAVING MANY OPPORTUNITIES TO PROSECUTE THE GROUNDS OF APPEAL, THE ASSESSEE SOUGHT ADJOURNMENT ON MANY OCCASIONS BEFORE CIT(A) AND THE ASSESSEE HAS NO INTEREST IN PURSUING THE APPEAL BEFORE CIT(A) AND PRAYED TO DISMISS THE GROUNDS OF APPEAL. 4. HAVING HEARD BOTH THE PARTIES ABOVE, WE ARE OF THE VIEW THAT THE A.O. MADE ADDITIONS ON ACCOUNT OF UNEXPLAINED CASH CREDITS AND DISALLOWANCE UNDER SECTION 14A OF THE ACT. IN OUR OPINION, THE ISSUES REQUIRES ASSISTANCE BY FILING REQUIRED EVIDENCES AND THEREFORE, ADJOURNMENT APPLICATION FILED BY THE ASSESSEE BEFORE US IS DISMISSED AND WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION, THE ASSESSEE IS LIBERTY TO FILE EVIDENCES IF ANY. THUS GROUND NO 2 TO 4 ARE ALLOWED FOR STATISTICAL PURPOSES. GROUND NO. 1 & 5 BEING GENERAL NEEDS NO ADJUDICATION, HENCE ARE DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD MARCH, 2018. SD/- SD/- P.M. JAGTAP S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICAL MEMBER DATED: 23/03/2018 BISWAJIT, SR. PS 3 I.T.A. NO. 2311/KOL/2016 ASSESSMENT YEAR: 2012-13 M/S. BISWANATH RESIDENCY PVT. LTD. COPY OF ORDER FORWARDED TO: 1. M/S. BISWANATH RESIDENCY PVT. LTD., 27, BRABOURNE ROAD, NARAYANI BUILDING, KOLKATA 700 001. 2. ITO WARD NO. 5(3), P-7, CHOWRINGHEE SQUARE, 6 TH FLOOR, KOLKATA 700 069. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA