M/s. Yule Financing & Leasing Co. Ltd., , Kolkata V. ITO, Ward - 4(2), Kolkata , Kolkata

ITA 299/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6036 (ITAT-KOLKATA)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1998-1999
• Appeal Filed On: 20-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Section: 143(3)

Judgement Text

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.299/KOL/2018 (ASSESSMENT YEAR-1998-99) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 17.11.2017 PASSED BY CIT(A)-10, KOLKATA U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) FOR AY 1998-99. 2. HEARD BOTH PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS CONTENDED BY THE LD.AR THAT THE ASSESSEE THROUGH ITS REPRESENTATIVE APPEARED BEFORE THE CIT(A) AND IN SPITE OF HAVING PUTTING APPEARANCE, THE CIT(A) DISMISSED THE GROUNDS BY STATING THAT THE ASSESSEE HAS NO INTEREST IN PURSUING THE GROUNDS OF APPEAL. ON PERUSAL OF THE ORDER OF CIT(A), IT IS NOTED FROM PARA 5 THAT SEVERAL OPPORTUNITIES HAVE BEEN GIVEN TO THE ASSESSEE BUT THERE WAS NO COMPLIANCE. IT IS ALSO NOTED THAT EVEN ON LAST HEARING DATE I.E. 15.11.2017 THERE WAS NO COMPLIANCE BY THE ASSESSEE. BUT HOWEVER, TAKING INTO CONSIDERATION THE ADDITIONS MADE BY THE AO WHICH IN OUR OPINION REQUIRES ASSISTANCE OF THE ASSESSEE IN THE FIRST APPELLATE M/S. YULE FINANCING & LEASING CO.LTD., YULE HOUSE, 8, DR. RAJENDRA PRASAD SARANI, KOLKATA-700001. PAN - AA ACY1136G VS ITO, WARD-4(2), P-7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, KOLKATA-700069. (APPELLANT) (RESPONDENT) APPELLANT BY SMT. SAHELI DUTT, LD.AR RESPONDENT BY SH. S.HALDER, SR.DR DATE OF HEARING 14.01.2019 DATE OF PRONOUNCEMENT 23.01.2019 ITA NO.299/KOL/2018 (ASSESSMENT YEAR-1998-99) PAGE | 2 PROCEEDINGS. THEREFORE, TAKING INTO CONSIDERATION THE FACTS AND THE SUBMISSIONS OF LD.DR & LD.AR AND IN THE INTEREST OF JUSTICE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF CIT(A) FOR HIS FRESH CONSIDERATION. THE ASSESSEE IS LIBERTY TO FILE EVIDENCES, IF ANY, IN SUPPORT OF ITS CONTENTION. THUS, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 23.01.2019. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ DATE:- 23 .01.2019 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- M/S. YULE FINANCING & LEASING CO.LTD., YULE HOUSE, 8, DR. RAJENDRA PRASAD SARANI, KOLKATA-700001. 2. RESPONDENT- ITO, WARD-4(2), P-7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, KOLKATA-700069. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES BY ORDER AR/H.O.O ITAT, KOLKATA