Smt. Sudha Devi Prahaladka, Kolkata V. ITO, Ward - 36(2), Kolkata , Kolkata

ITA 2567/KOL/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6599 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 29-12-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: J N GUPTA
• Keywords: Principle of natural justice

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM] I.T.A NO. 2567/KOL/20 17 ASSESSMENT YEAR : 2009-1 0 SMT. SUDHA DEVI PRAHALADKA -VS- ITO, WARD-3 6(2), KOLKATA [PAN: AFGPP 4138 P] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI J. N. GUPTA, FCA FOR THE REVENUE : SMT. RANU BISWAS, ADDL. C IT DATE OF HEARING : 05.06.2018 DATE OF PRONOUNCEMENT : 27.06.2018 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-10, KOLKATA (H EREINAFTER THE LD. CIT(A)), DT. 24.10.2017 PASSED U/S 250 OF THE INCOME TAX ACT, 19 61 (THE ACT) FOR THE ASSESSMENT YEAR 2009-10. 2. AFTER HEARING RIVAL SUBMISSIONS AND ON A CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE, A PERUSAL OF PAPERS ON R ECORD AND ORDERS OF THE LOWER AUTHORITIES BELOW AS WELL AS CASE LAW CITED, I HOLD AS FOLLOWS. 3. I FIND THAT THE LD. CIT(A) PASSED AN EX PARTE OR DER. HE HAS NOT DISPOSED OFF THE CASE ON MERITS. THE ASSESSEE HAS CONVINCED ME THAT IT IS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE LD. CIT(A). 2 ITA NO.2567/KOL/2017 SMT. SUDHA DEVI PAHALADKA A.YR .2009-10 2 4. IN VIEW OF THE ABOVE, THIS APPEAL IS SET ASIDE T O THE FILE OF THE LD. CIT(A) FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW ON THE GROUNDS OF NATURAL JUSTICE. 5. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE LD . CIT(A) WITHIN ONE MONTH FROM THE RECEIPT OF THE COPY OF THIS ORDER, TAKE NOTICE AND THEREAFTER COOPERATE WITH THE LD. CIT(A) IN DISPOSING OFF THIS APPEAL. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 27.06.2018 SD/- [ J.SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED : 27.06.2018 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. SMT. SUDHA DEVI PRAHALADKA, EAST INDIA HOUSE, 7 TH FLOOR, SUIT NO. 7A(II), 20B, ABDUL HAMID STREET, KOLKATA-700069. 2. ITO, WARD-36(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTIPALLY, 8 TH FLOOR, KOLKATA- 700107. 3..C.I.T.(A)- , KOLKATA 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S