Riverbank Developers Pvt. Ltd., Kolkata V. D.C.I.T.,Circle-12(1), Kolkata

ITA 236/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8497 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 10-06-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 24-02-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: IMOKABA JAMIR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D (VIRTUAL COURT HEARING), BENCH KOLKATA BEFORE SHRI P.M. JAGTAP, V.P & SHRI S. S. GODARA, JM ./I.T.A NO.236/KOL/2020 ( [ [ / ASSESSMENT YEAR: 2014-15) RIVERBANK DEVELOPERS PVT. LTD. 225C, A.J.C BOSE ROAD, 4 TH FLOOR, KOLKATA 700020. VS. DCIT-12(1), KOLKATA ./ ./PAN/GIR NO.: AADCR7997K (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI AKKAL DUDHEWALA, FCA RESPONDENT BY : SHRI IMOKABA JAMIR, CIT / DATE OF HEARING : 10/06/2020 /DATE OF PRONOUNCEMENT : 10/07/2020 / O R D E R PER SHRI S. S. GODARA: THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (A) - 4, KOLKATA DATED 23.12.2019 PASSED IN CASE NO.118/CIT(A)-4/2019-20 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. FOR THE REASONS STATED IN ASSESSEES CONDONATION PETITION SEEKING TO EXPLAIN THREE DAYS DELAY IN FILING AND ON ACCOUNT OF NO OBJECTION FROM THE REVENUE SIDE, WE CONDONE THE IMPUGNED DELAY AND TAKE UP THE MAIN APPEAL FOR ADJUDICATION ON MERITS. 3. IT TRANSPIRES AT THE OUTSET THAT THE CIT(A)S ORDER UNDER CHALLENGE HAS BEEN PASSED EX PARTE AFTER ALLEGEDLY AFFORDING FOUR OPPORTUNITIES ON 14.11.19, 26.11.19, 09.12.19 & 17.12.19; RESPECTIVELY. LEARNED DEPARTMENTAL REPRESENTATIVE HAS ALSO HIGHLIGHTED THE SAME DURING THE COURSE OF HEARING BEFORE US. HE FAILS TO DISPUTE THAT THE CIT(A)S EX PARTE ORDER HAS NOT DISCUSSED THE RELEVANT FACTUAL/LEGAL ISSUES I.T.A NO.236/KOL/2020 RIVERBANK DEVELOPERS PVT. LTD. PAGE | 2 AS REQUIRED U/S 250(6) OF THE ACT. WE PROCEED FURTHER AND NOTICE FROM A PERUSAL OF THE ASSESSMENT ORDER DATED 30.12.2016 AS WELL THAT THE ASSESSING OFFICER HAD ISSUED HIS NOTICE DATED 27.12.2016 TO THE ASSESSEE PROPOSING TO DISALLOW/ADD ESTIMATED LOSSES FORMING PART OF THE COST OF SALES. MEANING THEREBY THAT THE ASSESSEE HAD BEEN GRANTED ONLY TWO DAYS TIME TO FILE THE RELEVANT DETAILS EVEN IF IT IS PRESUMED THAT IT RECEIVED THE NOTICE ON 27.12.2015 ITSELF. WE THEREFORE ARE OF THE VIEW THAT ALL THE ASSESSEES SUBSTANTIVE GROUNDS CHALLENGING CORRECTNESS OF THE FOREGOING DISALLOWANCE/ADDITIONS DESERVE TO BE RESTORED BACK TO THE ASSESSING OFFICER FOR HIS FRESH FACTUAL VERIFICATION AS PER LAW. WE ORDER ACCORDINGLY. 4. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 10.07.2020. SD/- ( P. M. JAGTAP ) SD/- (S. S. GODARA) VICE-PRESIDENT JUDICIAL MEMBER /KOLKATA; / DATE: 10/07/2020 RS / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT- RIVERBANK DEVELOPERS PVT. LTD. 2. THE RESPONDENT- DCIT-12(1), KOLKATA 3. ( ) / THE CIT(A), KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.