Binod Kumar Gupta, Kolkata V. ACIT, CIRCLE - 34, KOLKATA, Kolkata

ITA 2374/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0498 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 23-11-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: M GHOSH LD
• Assessee Lawyers: ANIL KOCHAR LD
• Section: 68; 69

Judgement Text

1 I.T.A NO. 2374/KOL/2017 BINOD KUMAR GUPTA IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOLKATA BEFORE: SHRI J. SUDHAKAR REDDY , ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A NO. 2 374 /KOL/201 7 A.Y: 20 1 4 - 15 BINOD KUMAR GUPTA VS. A.C.I.T., CIRCLE - 34, KOLKATA PAN: ADFPG7299H [APPELLANT] [RESPONDENT] FOR THE APPELLANT : SHRI ANIL KOCHAR , A DVOCATE, LD.AR FOR THE RESPONDENT : S MT. M. GHOSH , LD. SR.DR DATE OF HEARING : 03 - 09 - 2018 DATE OF PRONOUNCEMENT : 14 - 0 9 - 201 8 ORDER SHRI S.S. VISWANETHRA RAVI , JM: TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE EX PARTE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), 1 0 , KOLKATA DT. 03 - 10 - 2017 FOR THE A.Y 20 1 4 - 15 . 2. THE ONLY ISSUE IS TO BE DECIDED AS TO WHETHER THE CIT - A IS JUSTIFIED IN CONFIRMING THE IMPUGNED ADDITION S MADE BY THE AO U/S. 68 /69C OF THE ACT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. A FTER HEARING BOTH THE PARTIES AND PERUSING THE RECORD , WE FIND THAT THE CIT - A FIX ED THE HEARING OF APPEAL ON 20 07 - 2017 & 22 - 08 - 2017 BY ISSU ING NOTICES DT. 05 - 07 - 2017 & 28 - 07 - 2017 TO THE ASSESSEE . ACCORDING TO CIT - A, NOTICES WERE SERVED ON THE ASSESSE ON BOTH THE OCCASIONS, BUT NO COMPLIANCES ON BEHALF OF ASSESSE E WERE MADE. IT IS NOTE D THE AO MADE THE ADDITIONS U/S. 68 AND 69 B OF THE ACT. NO OPPORTUNITY TO THE ASSESSE WAS B EFORE THE CIT - A TO PROSECUTE HIS CASE . IN OUR OPINION, ASSISTANCE OF ASSESSE E IS REQUIRED BEFORE THE CIT - A AND IN SUCH CIRCUMSTANCES, TAKING INTO CONSIDERATION THE SUBMISSIONS OF LD.AR, FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE, WE DEEM IT FIT AND PROPER TO REMAND THE MATTER TO 2 I.T.A NO. 2374/KOL/2017 BINOD KUMAR GUPTA THE FILE OF CIT - A FOR HIS FRESH ADJUDICATION. THE ASSESSE IS AT LIBERTY TO FILE REQUISITE EVIDENCES/EXPLANATION IN S UPPORT OF HIS CLAIM/CONTENTION. GROUNDS RAISED BY THE ASSESSE E ARE ALLOWED FOR STATISTICAL PURPOSE . 4 . IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE . ORDER PRONOUNCED IN THE OPEN COURT ON 14 - 0 9 - 2018 SD/ - SD/ - J. SUDHAKAR R EDDY S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 14 - 0 9 - 2018 PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT / ASSESSEE: SHRI BINOD KUMAR GUPTA C/O S.L. KOCHAR, ADVOCATE, 5, ASHUTOSH CHOWDHURY AVENUE, KOLKATA - 700019. 2 RESPONDENT / REVENUE : THE ACIT, CIR - 34, KOLKATA, AAYKAR BHAWAN POORVA, 110 SHANTI PALLY, KOLKATA - 107. 3. THE CIT(A), 10 KOLKATA 4. 5. CIT , KOLKATA D R, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, S ENIOR PRIVATE SECRETARY HEAD OF OF FICE, ITAT KOLKATA