Ashit Kumar Deb, Kolkata V. ITO, Ward-25(2), Kolkata

ITA 283/KOL/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6744 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 12-02-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MONALISHA PAL MUKHERJEE
• Assessee Lawyers: ARVIND AGARWAL
• Keywords: Reasonable cause; Set aside
• Section: 250

Judgement Text

| आयकर अपीलीय अिधकरण ᭠यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA BEFORE SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER & SHRI RAKESH MISHRA, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 283/Kol/2024 Assessment Year: 2017-18 Ashit Kumar Deb 2/240 Sree Colony Regent Estate Baghajatin Kolkata - 700092 [PAN : AQCPD6452F] Vs Income tax Officer, Ward-25(2), Kolkata अपीलाथᱮ/ (Appellant) ᮧ᭜ यथᱮ/ (Respondent) Assessee by : Shri Arvind Agarwal, Advocate Revenue by : Smt. Monalisha Pal Mukherjee, JCIT, D/R सुनवाई कᳱ तारीख/Date of Hearing : 30/05/2024 घोषणा कᳱ तारीख /Date of Pronouncement: 31/05/2024 आदेश/O R D E R PER SONJOY SARMA, JUDICIAL MEMBER : The present appeal is directed at the instance of the assessee against the order of the National Faceless Appeal Centre (hereinafter the “ld. CIT(A)”) dt. 02/09/2022, passed u/s 250 of the Income Tax Act, 1961 (“the Act”) for the Assessment Year 2017-18. 2. At the time of hearing the registry has informed that the present appeal filed by the assessee is time barred by 104 days. The assessee prayed for condonation of the delay. The reasons are placed on record. We, after perusing the same as well as material available on record find merit in the reasonable cause stated by the assessee, which prevented him to file the appeal within the 2 I.T.A. No. 283/Kol/2024 Assessment Year: 2017-18 Ashit Kumar Deb statutory time limit and also in the larger interest of justice, condone the delay and admit the appeal for adjudication. 3. The ld. Counsel for the assessee at the very outset submitted that though the assessee has taken several grounds of appeal, but his preliminary grievance is that both the ld. CIT(A) as well as the ld. Assessing Officer have passed an ex-parte orders. He submitted that if given an opportunity, the assessee stands a fair chance of succeeding on merits. He prayed for the matter to be restored to the ld. Assessing Officer. The ld. D/R, though not leaving her grounds, did not oppose to this request of the ld. Counsel for the assessee. 3. We heard the rival submission and considered the documents available in the record. The assessee’s case has been adjudicated ex parte in both the appeal and assessment stage. The assessee specifically mentioned about the denial of reasonable opportunity of being heard. On a query from the Bench to explain the reasons behind such non-appearance before the authorities below, the ld. A/R stated that it has happened due to a change in the e-mail id by one of its engaged employee, provided while filing the return of income due to which all notices of hearing were sent to the incorrect e-mail id provided by the assessee’s employee Mr. Sunil Neogi and who did not communicate the assessee about the receipt of notice from time to time. Under these circumstances, we find that the assessee should get another opportunity to present its case 3 I.T.A. No. 283/Kol/2024 Assessment Year: 2017-18 Ashit Kumar Deb before the revenue authorities. The ld. D/R had not made any strong objection against the view of the Bench. Therefore, in the interest of justice and fairplay, we remit back the matter to the ld. Assessing Officer for de novo assessment, in accordance with law. Needless to say, the assessee should get a reasonable opportunity of hearing in set aside proceedings. 4. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the Court on 31 st May, 2024 at Kolkata. Sd/- Sd/- (RAKESH MISHRA) (SONJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata, Dated 31/05/2024 *SC SrPs आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Assessee 2. ᮧ᭜यथᱮ / The Respondent 3. संबंिधत आयकर आयुᲦ / Concerned Pr. CIT 4. आयकर आयुᲦ)अपील (/ The CIT(A)- 5. िवभागीय ᮧितिनिध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाडᭅ फाई/ Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Kolkata