M/s. Akshara Commosales Pvt. Ltd., , Kolkata V. ITO, Ward - 12(1), Kolkata , Kolkata

ITA 29/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0766 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 04-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Section: 68; 144

Judgement Text

ITA NO.29/KOL/2018 (ASSESSMENT YEAR-2012-13) IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH. S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.29/KOL/2018 (ASSESSMENT YEAR-2012-13) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 14.09.2017 PASSED BY CIT(A)-16, KOLKATA FOR AY 2012-13. 2. WE FIND NO REPRESENTATION ON BEHALF OF THE APPELLANT ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT WAS FILED. THE ASSESSEE CALLED ABSENT AND, THEREFORE, SET EX-PARTE. WE PROCEED TO HEAR LD.DR. 3. HEARD LD.DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ASSESSMENT WAS COMPLETED U/S 144 OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) WHEREIN THE AO DETERMINED THE TOTAL INCOME OF RS.22,69,00,560/- AGAINST THE RETURNED INCOME OF RS.560/-. THE ASSESSEE CHALLENGED THE SAME BEFORE THE CIT(A) BUT, HOWEVER, NO APPEARANCE WAS PUT IN TO PROSECUTE THE GROUNDS RAISED BEFORE THE FIRST APPELLANT AUTHORITY. SINCE THE SUBSTANTIVE ADDITION WAS MADE U/S 68 OF THE ACT WHEREIN IT REQUIRES ASSISTANCE OF THE ASSESSEE BY FILING RELEVANT EVIDENCES. SINCE THERE IS NO OPPORTUNITY FOR THE ASSESSEE 1 M/S. AKSHARA COMMOSALES PVT.LTD., 2E, CORNFIELD ROAD, GROUND FLOOR, KOLKATA-700019. PAN-AAJCA1782F VS ITO, WARD-12(1), P-7. CHOWRINGHEE SQUARE, KOLKATA- 700069. (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. R.SHYAM, CIT DR DATE OF HEARING 27.11.2018 DATE OF PRONOUNCEMENT 30.11.2018 ITA NO.29/KOL/2018 (ASSESSMENT YEAR-2012-13) BEFORE THE FIRST APPELLATE AUTHORITY, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF CIT(A) FOR HIS FRESH CONSIDERATION SUBJECT TO THE PAYMENT OF COST OF RS.5,000/- BY THE ASSESSEE IN FAVOUR OF PRIME MINISTER RELIEF FUND. THE CIT(A) SHALL SATISFY THE SAID PAYMENT BY THE ASSESSEE AND RESTORE THE APPEAL TO THE FILE AND PASS ORDER IN ACCORDANCE WITH LAW. THUS, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2018. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 30.11.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- M/S. AKSHARA COMMOSALES PVT.LTD., 2E, CORNFIELD ROAD, GROUND FLOOR, KOLKATA-700019. 2. RESPONDENT- ITO, WARD-12(1), P-7. CHOWRINGHEE SQUARE, KOLKATA-700069. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES AR/H.O.O ITAT, KOLKATA 2