Florida Towers Private Limited, Howrah V. C.I.T Kolkata - I, Kolkata

ITA 2414/KOL/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3434 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 01-10-2013
• Court: TRIBUNAL
• Department Lawyers: DE NOVO ADJUDICATION HENCE
• Keywords: Revision of order
• Section: 143(3); 263

Judgement Text

ITA NO. 2414/KOL/2013-B-AM M/S. FLORIDA TOWERS PVT. LTD 1 IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, K OLKATA BEFORE : SHRI N.VASUDEVAN , JUDICIAL MEMBER, AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA NO. 2414/KOL/2013 ASST YEAR 2008-09 M/S. FLORIDA TOWERS PRIVATE LIMITED VS. C.I.T -I, KOLKATA PAN: AAACF 7811P (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI K.K. CHAPRIA, FCA, LD.AR RESPONDENT: SHRI NIRAJ KUMAR, CIT/LD.DR DATE OF HEARING: 19-01-2016 DATE OF PRONOUNCEMENT: 19 -01- 2016 ORDER SHRI M.BALAGANESH, AM THIS APPEAL OF THE ASSESSEE ARISES OUT OF THE ORD ER OF THE LEARNED CIT, KOL-I, KOLKATA DATED 26.3.2013 PASSED U/S 263 OF THE INCO ME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) AGAINST THE ORDER OF ASSE SSMENT FRAMED BY THE LEARNED AO U/S 143(3) OF THE ACT. 2. THE FIRST GROUND RAISED BY THE ASSESSEE IS NOT ALLOWING REASONABLE OPPORTUNITY BY THE LD. CIT TO THE ASSESSEE TO REPRESENT ITS CA SE U/S. 263 PROCEEDINGS. 3. WE FIND FROM THE MATERIAL AVAILABLE ON RECORD THAT A SHOW CAUSE NOTICE U/S. 263 OF THE ACT WAS SERVED ON THE ASSESSEE ON 23/03/ 2013 (BEING SATURDAY) AND THE HEARING WAS FIXED ON 25-03-2013 ( I.E. MONDAY) AT 1 0.30A.M. THE ASSESSEE COULD NOT CONTACT ITS CHARTERED ACCOUNTANT TO REPRESENT ITS CASE WITHIN THE SHORT SPAN OF TIME. ULTIMATELY, THE LD. CIT PASSED AN ORDER U/S. 263 O F THE ACT ON 26-03-2013 SETTING ASIDE THE ORDER OF ASSESSMENT PASSED U/S. 143(3) O F THE ACT. ITA NO. 2414/KOL/2013-B-AM M/S. FLORIDA TOWERS PVT. LTD 2 4. WE HAVE HEARD THE RIVAL SUBMISSIONS. WE FIND TH AT NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE THE LD.CIT DUE TO PAUCITY OF TI ME. THUS, THE LD.AR OF THE ASSESSEE PLEADED BEFORE US THAT ONE MORE OPPORTUNITY OF HEA RING BE GIVEN TO THE ASSESSEE TO REPRESENT ITS CASE BEFORE THE LD.CIT. IN RESPONSE T O THIS, THE LD.CIT/DR FAIRLY CONCEDED TO THE SAME. IN THESE CIRCUMSTANCES AND IN VIEW OF THE UNDISPUTED FACTS AS STATED HEREINABOVE WITH REGARD TO PAUCITY OF TIME TO REPRE SENT THE CASE BEFORE THE LD. CIT, WE DEEM IT FIT AND APPROPRIATE, IN THE INTEREST OF JUS TICE AND FAIR PLAY, TO SET ASIDE THE ORDER OF THE LD.CIT PASSED U/S. 263 OF THE ACT FOR DE NOVO ADJUDICATION. HENCE, THE ORDER OF THE LD.CIT IS SET ASIDE. SINCE THE APPEAL IS DISPOS ED OF BY SETTING ASIDE THE ORDER OF THE LD.CIT U/S. 263, WE REFRAIN TO GO INTO MERITS OF T HE OTHER GROUNDS RAISED BY THE ASSESSEE BEFORE US. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED AS STATED ABOVE. THIS ORDER IS PRONOUNCED IN OPEN COURT ON 19 -01-2016 . 1 THE APPELLANT: M/S. FLORIDA TOWERS PRIVATE LIMITE D 493B, G.T ROAD (S), SHIBPUR, HOWRAH-711102. 2 THE RESPONDENT: COMMISSIONER OF INCOME-TAX-I, KOL KATA, AAYKAR BHAWAN P-7 CHOWRINGHEE SQ. KOL-69. 3 / THE CIT, 4.THE CIT(A) 5 . DR, KOLKATA BENCH 6 . GUARD FILE . TRUE COPY, BY ORDER, ASSTT REGISTRAR **PRADIP SPS SD/- ( N. VASUDEVAN, JUDICIAL MEMBER ) SD/- (M. BALAGANESH, ACCOUNTANT MEMBER) DATE 19 - 01/2016 COPY OF THE ORDER FORWARDED TO:-