M/s Vikas Towers (P)Ltd., Kolkata V. ITO, Ward 5(4)/ Kolkata, Kolkata

ITA 2376/KOL/2016

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 5929 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 19-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR CIT LD
• Assessee Lawyers: RAJEEVA KUMAR LD
• Keywords: Principle of natural justice
• Section: 68

Judgement Text

1 I.T.A NO. 2376/KOL/2016 M/S. VIKAS TOWERS PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA BEFORE: SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A NO. 2376/KOL/2016 A.Y: 2012 - 13 M/S. VIKAS TOWERS VS. INCOME TAX OFFICER PVT. LIMITED WARD 5( 4 ), KOLKATA PAN:AA BCV 1731D [APPELLANT] [RESPONDENT] FOR THE APPELLANT : SHRI RAJEEVA KUMAR, ADVOCATE, LD.AR FOR THE RESPONDENT : SHRI SAURABH KUMAR, ADDL.CIT,LD. SR. DR DATE OF HEARING : 11 - 09 - 2018 DATE OF PRONOUNCEMENT : 03 - 10 - 201 8 ORDER SHRI S.S. VISWANETHRA RAVI , JM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DT. 01 - 09 - 2016 OF THE COMMISSIONER OF INCOME TAX (APPEALS), 2, KOLKATA FOR THE A.Y 2012 - 13, WHEREIN HE DISMISSED THE APPEAL OF THE ASSESSEE EX PARTE. 2. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF RECORD, IT IS NOTED THAT THE AO MADE ADDITIONS U/S. 68 & 14 OF THE ACT. THIS ACTION OF AO WAS CHALLENGED BY ASSESSEE BEFORE THE CIT - A. BEFORE HIM THERE WAS NO REPRESENTATION ON BEHALF OF THE ASSESSE ON TWO OCCASIONS I.E 30 - 08 - 2016 & 21 - 07 - 2016. BUT, HOWEVER, FILED APPLICATION SEEKING ADJOURNMENT ON 6 - 5 - 2016 AND IT WAS ADJOURNED TO 21 - 07 - 2016. BEFORE US THE LD. AR SUBMITS THAT NOW THE ASSESSEE IS READY TO PROSECUTE ITS CASE AND AS SUCH URGED TO REMAND THE MATTER TO THE FILE OF AO. WE FIND THAT THE CIT - A DID NOT ADJUDICATE THE GROUNDS OF APPEAL ON MERITS AND PASSED EX PARTE. THEREFORE, TAKING INTO CONSIDERATION THE FACTS AND CIRC UMSTANCES OF THE CASE, SUBMISSIONS OF THE LD.AR AND IN THE INTEREST OF NATURAL JUSTICE, WE DEEM IT FIT & PROPER TO REMAND THE MATTER TO THE FILE OF CIT - A FOR HIS FRESH 2 I.T.A NO. 2376/KOL/2016 M/S. VIKAS TOWERS PVT. LTD. ADJUDICATION. THE ASSESSE IS DIRECTED TO CO - OPERATE WITH THE CIT - A IN THE FIRST APPELL ATE STAGE FOR SPEEDY DISPOSAL OF THE CASE WITHOUT SEEKING ANY ADJOURNMENT. THE ASSESSEE SHALL BE AT LIBERTY TO FILE REQUISITE EVIDENCES/EXPLANATIONS IN SUPPORT OF ITS CONTENTION/CLAIM. GROUNDS RAISED BY THE ASSESSEE IN THE APPEAL ARE ALLOWED FOR STATISTICA L PURPOSES. 3 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 03 - 10 - 2018 SD/ - SD/ - M. BALAGANESH S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 03 - 10 - 2018 PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APP ELLANT/ASSESSEE: M/S. VIKAS TOWERS PVT. LTD. 18 RAVINDRA SARANI, 9 TH FLOOR, KOLKATA - 700 001. 2 RESPONDENT /DEPARTMENT: INCOME TAX OFFICER, WARD 5(4), AAYKAR BHAWAN, P - 7 CHOWRINGHEE SQUARE, KOLKATA - 700 069. 3. CIT, 4. CIT(A), KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE C OPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE, ITAT KOL KATA