Saini Motor Finance Co. Pvt. Ltd. (now merged with M/s. Atibir Industries Co. Ltd.,), Kolkata V. ITO, Ward - 1(2), Kolkata , Kolkata

ITA 2471/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4669 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 15-12-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A K TIWARI
• Assessee Lawyers: A DUDHEWALA ACA
• Keywords: Opportunity of being heard
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER) ITA NO. 2471/KOL/2017 ASSESSMENT YEAR: 2009-10 SAINI MOTOR FINANCE CO. PVT. LTD........................................APPELLANT (NOW MERGED WITH M/S ATIBIR INDUSTRIES CO. LTD.) 20B, ABDUL HAMID STREET 7 TH FLOOR BLOCK-7B KOLKATA 700 069 [PAN: AANCS 8270 J] INCOME TAX OFFICER, WARD-1(2), KOLKATA.......RESPONDENT APPEARANCES BY: SHRI A. DUDHEWALA, ACA, APPEARED ON BEHALF OF THE ASSESSEE. SHRI A.K. TIWARI, CIT, D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 9 TH , 2018 DATE OF PRONOUNCING THE ORDER : OCTOBER24TH , 2018 ORDER PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, KOLKATA, (HEREINAFTER THE LD. CIT(A)), DT. 31/01/2017, PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT), RELATING TO ASSESSMENT YEAR 2009-10, WHEREIN THE ADDITION MADE U/S 68 OF THE ACT, WAS CONFIRMED. 2. THERE IS A DELAY OF 229 DAYS IN FILING OF THE APPEAL BY THE REVENUE. AFTER PERUSING THE PETITION FILED FOR CONDONATION OF DELAY, WE ARE CONVINCED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM FILING THE APPEAL IN TIME. HENCE THE DELAY IS CONDONED AND APPEAL ADMITTED. 3. WE HAVE HEARD RIVAL CONTENTIONS. ON CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE, PERUSAL OF THE PAPERS ON RECORD, ORDERS OF THE AUTHORITIES BELOW AS WELL AS CASE LAW CITED, WE HOLD AS FOLLOWS:- WE ARE CONVINCED THAT THE ASSESSEE WAS PREVENTED FROM SUFFICIENT CAUSE FROM APPEARING BEFORE THE LD. ICT(A) ON THE DATE OF HEARING. WE ARE OF THE CONSIDERED OPINION THAT THIS APPEAL SHOULD BE SET ASIDE TO THE FILE OF THE LD. CIT(A), FOR FRESH ADJUDICATION AS 2 ITA NO. 2471/KOL/2017 ASSESSMENT YEAR: 2009-10 SAINI MOTOR FINANCE CO. PVT. LTD HE HAS PASSED AN EX-PARTE ORDER AND HAS NOT DISPOSED OFF THE CASE ON MERITS. THE LD. CIT(A), SHALL CONSIDER THE DEVELOPMENT OF LAW ON THIS ISSUE AND DISPOSE OF THESE APPEALS, AFRESH, AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY OF BEING HEARD. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE LD. CIT(A) WITHIN ONE MONTH OF RECEIPT OF THIS ORDER, EITHER BY HIMSELF OR THROUGH HIS AUTHORISED REPRESENTATIVE, TAKE NOTICE AND THEREAFTER CONTINUE TO CO-OPERATE TILL THE DISPOSAL OF THE APPEAL. 5. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 24 TH DAY OF OCTOBER, 2018. SD/- SD/- [S.S. VISWANETHRA RAVI] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 24.10.2018 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. SAINI MOTOR FINANCE CO. PVT. LTD (NOW MERGED WITH M/S ATIBIR INDUSTRIES CO. LTD.) 20B, ABDUL HAMID STREET 7 TH FLOOR BLOCK-7B KOLKATA 700 069 2. INCOME TAX OFFICER, WARD-1(2), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES 3 ITA NO. 2471/KOL/2017 ASSESSMENT YEAR: 2009-10 SAINI MOTOR FINANCE CO. PVT. LTD