Sapphire Vanijya Private Limited , Kolkata V. ITO, Ward - 2(4), Kolkata , Kolkata

ITA 2454/KOL/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6579 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 30-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE CIT LD
• Assessee Lawyers: SUBASH AGARWAL LD
• Section: 14A; 68

Judgement Text

INCOME TAX APPELLATE TRIBUNAL D BENCH : KOLKATA BEFORE SHRI WASEEM AHMED, AM & SHRI S.S.VISWA NETHRA RAVI, JM ITA NO. 2454/KO L/2016 A.Y : 2008-09 M/S. SAPPHIRE VANIJYA VS. I.T.O., WARD 2(4), PVT. LIMITED. KOLKATA PAN: AALCS 3321E [ APPELLANT ] [ RESPONDENT ] APPELLANT BY : SHRI SUBASH AGARWAL, ADVO CATE, LD.AR RESPONDENT BY : SHRI ARINDAM BHATTACHARJE E, ADDL.CIT, LD.SR.DR DATE OF HEARING : 29-01-2018 DATE OF PRONOUNCEMENT : 2 0-04-2018 ORDER SHRI S.S.VISWANETHRA RAVI, JM THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER D T. 25-10-2016 OF THE CIT-A, 1, KOLKATA FOR THE A.Y 2008-09, WHEREIN HE PASSED THE ORDER EX PARTE. 2. THE LD.AR SUBMITS THAT THE ASSESSEE CHALLENGED THE ORDER PASSED BY THE AO U/S. 144/263 OF THE ACT BEFORE THE CIT-A. BE FORE THE CIT-A THE ASSESSEE FILED ADJOURNMENT APPLICATIONS FROM TIME T O TIME. THE CIT-A WITHOUT CONSIDERING THE SAME, DISMISSED THE APPEAL OF ASSESSEE BY EX PARTE AND CONFIRMED THE ORDER OF THE AO PASSED U/S. 144/263 OF THE ACT, WHICH IS NOT JUSTIFIED AND URGED TO REMAND THE ISSU E(S) INVOLVED IN THIS APPEAL TO THE FILE OF THE CIT-A FOR HIS FRESH ADJUD ICATION. 3. ON THE OTHER HAND, THE LD.DR OBJECTED TO THE ABO VE SUBMISSIONS OF THE LD.AR AND REFERRED TO PARA 2 OF THE ORDER OF TH E CIT-A AND ARGUED THAT THE CIT-A GIVEN SUFFICIENT OPPORTUNITIES FOR HEARIN G TO THE ASSESSEE AND THE ASSESSEE FAILED TO APPEAR WITH ITS CONTENTIONS AND KEPT ON FILING ITA NO. 2454/KOL/2016 2 ADJOURNMENT APPLICATIONS BEFORE THE CIT-A. THE ASSE SSEE HAS NOT RESPONDED TO THE NOTICES ISSUED BY THE CIT-A. INSPI TE OF HAVING SUFFICIENT OPPORTUNITIES, THE ASSESSEE DID NOT AVAIL THE SAME TO PROSECUTE ITS CASE BEFORE THE CIT-A AND RIGHTLY PASSED ORDER EX PARTE AND IT WAS JUSTIFIED AS THERE WAS NO REPRESENTATION OF THE ASSESSEE. 4. HEARD BOTH THE PARTIES AND PERUSED THE RECORD. W E FIND THAT THE AO U/S.144/263 DETERMINED THE TOTAL INCOME OF ASSESSEE AT RS.4,36,34,000/- BY MAKING THE FOLLOWING ADDITIONS BY AN ORDER DT. 31-03-2014:- 1. UNDISCLOSED PRELIMINARY EXPENSES RS. 9,000/- 2. CASH CREDIT U/S. 68 RS.4,36,00,000/- 3. DISALLOWANCE ON SHARE ISSUE EXPENSES RS. 19 ,000/- 4. DISALLOWANCE U/S. 14A RS. 4,664/- 5. THIS ACTION OF THE AO WAS CHALLENGED BY THE ASSE SSEE BEFORE THE FIRST APPELLATE PROCEEDINGS. THE FIRST APPELLATE AUTHORIT Y HAS GIVEN NUMBER OF OPPORTUNITIES TO ASSESSEE TO PROSECUTE ITS CASE. BU T, THE ASSESSEE REMAINED ABSENT BEFORE THE CIT-A BY WAY OF FILING O F ADJOURNMENT APPLICATIONS FROM TIME TO TIME. THEREFORE, TAKING INTO CONSIDERATION THE FACTS OF THE CASE AND THE ISSUES INVOLVED IN THE AP PEAL AND THE SUBMISSIONS OF LD. AR AND IN THE INTEREST OF JUSTIC E, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE(S) TO THE FILE OF THE CI T-A FOR HIS FRESH CONSIDERATION. THE ASSESSEE IS DIRECTED NOT TO SEEK ANY ADJOURNMENTS BEFORE THE CIT-A. THE ASSESSEE SHALL BE AT LIBERTY TO FILE NECESSARY EVIDENCES AND EXPLANATION IN SUPPORT OF ITS CLAIM A ND CONTENTION. THE GROUNDS RAISED BY THE ASSESSEE IN THE APPEAL ARE A LLOWED FOR STATISTICAL PURPOSE. ITA NO. 2454/KOL/2016 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 20-04-2018 SD/- SD/- WASEEM AHMED S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 20 -04-2018 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT/ASSESSEE: M/S.SAPPHIRE VANIJYA PVT. LIMIT ED 8/2 KIRAN SHANKAR ROY ROAD, 3 RD FLOOR, ROOM NO. 35-37, KOLKATA-700 001. 2 RESPONDENT/DEPARTMENT: THE ITO, WARD 2(4) O/O THE CIT(APPEALS)-1, KOLKATA, AAYKAR BHAWAN,P-7 CHOWRING HEE SQUARE, KOLKATA-69. 3 . CIT, 4 . CIT(A), 5 . DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE COPY BY ORDER, SR.PS, H.O.O ITAT,KOL