M/s Dayavant Delaer Pvt. Ltd., Kolkata V. I.T.O.,Ward-2(2), Kolkata

ITA 2460/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4632 (ITAT-KOLKATA)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 18-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM BILASH MEENA
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH VIRTUAL COURT A KOLKATA BEFORE SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO.2460/KOL/2019 ASSESSMENT YEAR: 2012-13 M/S DAYAVANT DEALER PVT. LTD., 14, WESTON STREET, 2 ND FLOOR, KOLKATA-700 013 [ PAN NO.AACCD 8123 A ] / V/S . INCOME TAX OFFICER WARD- 2(2) AAYKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI RAM BILASH MEENA-CIT-DR /DATE OF HEARING 29-09-2020 /DATE OF PRONOUNCEMENT 19-10-2020 /O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-7, KOLKATAS O RDER DATED 09.01.2018 PASSED IN CASE NO.312/CIT(A)-7/KOL/WARD-2(2)/16-17 INVOLVI NG PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT THE ASSESSEES B EHEST. IT IS ACCORDINGLY PROCEED EX PARTE. THE CASE IS NOW TAKEN UP FOR ADJU DICATION ON MERITS. 2. IT TRANSPIRES AT THE OUTSET WITH THE ABLE ASSIST ANCE OF LEARNED CIT-DR THAT THE CIT(A)S ORDER UNDER CHALLENGE AFFIRMING THE ASSESS ING OFFICERS ACTION TREATING THE ASSESSEES SHARE CAPITAL / PREMIUM OF 17,18,0,000/-; HAS BEEN PASSED EX PARTE WITHOUT DEALING WITH THE RELEVANT FACTUAL MATRIX THEREOF A S CONTEMPLATED U/S 250(6) OF THE ACT REQUIRING FORMING OF POINTS OF DETERMINATION FOLLO WED BY A DETAILED ADJUDICATION ITA NO.2460/KOL/2019 ASSESSMENT YEAR 2012-13 M/S DAYAVANT DEALER PVT. LTD. VS ITO, WD-2(2 ), KOL. PAGE 2 THEREUPON. LEARNED DEPARTMENTAL REPRESENTATIVE HAS SOUGHT TO INVITE OUR ATTENTION TO THE CIT(A)S ORDER IN PARA-5 . 4 PAGE-4 THAT HE HAD ALSO DEALT WITH THE MERITS. 3. WE SEE NO REASON TO ACCEPT FOR REVENUES FOREGOI NG ARGUMENT SINCE THERE IS NO DISCUSSION AT ALL IN THE LOWER APPELLATE ORDER UNDE R CHALLENGE QUA THE ASSESSEES SHARE CAPITAL / PREMIUM IN LIGHT OF THE SUPPORTIVE DETAIL S FORMING PART OF RECORDS FILED DURING THE COURSE OF ASSESSMENT. THE ASSESSEES STATEMENT OF FACTS BEFORE THE CIT(A) HAD MADE IT CLEAR THAT THE ASSESSING OFFICERS SEC. 133 (6) NOTICE TO ITS INVESTOR / SUBSCRIBERS OF THE SHARE CAPITAL STOOD DULY REPLIED ALSO HAS NOT BEEN COUNTED. WE THEREFORE DEEM IT APPROPRIATE TO RESTORE THE ABOVE SOLE ISSUE BACK TO THE CIT(A) FOR HIS AFRESH DECISION AS PER LAW WITHIN THREE EFFECTIVE O PPORTUNITIES OF HEARING. WE ORDER ACCORDINGLY. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 19/10/2020 SSD/- SD/- ( ') () ') (J.SUDHAKAR REDDY) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER *DKP-SR.PS * - 19/10/2020 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-M/S DAYAVANT DEALER PVT.LTD., 14, WESTON STREET, 2ND FLOOR, KOLKATA -13 2. /RESPONDENT-ITO, WD-2(3), AAYKAR BHAWAN, P-7, CHOWR INGHEE SQUARE, KOLKATA -700 069 3. - . / CONCERNED CIT 4. . - / CIT (A) 5. / ))- , - /DR, ITAT, KOLKATA 6. 3 / GUARD FILE. BY ORD ER/ , /TRUE COPY/ -,