The Indian Textiles Company Private Limited , Kolkata V. D.C.I.T.,Circle-12(2), Kolkata

ITA 315/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6375 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 16-03-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Set aside
• Section: 14A; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SRI ABY T. VARKEY, HONBLE JUDICIAL MEMBER) ITA NO. 315/KOL/2020 ASSESSMENT YEAR: 2013-14 THE INDIAN TEXTILES COMPANY PRIVATE LIMITED..................................................APPELLANT NO.1, AHIRIPUKUR ROAD KOLKATA - 700 070 [PAN : AAACT 9784 B ] VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-12(2), KOLKATA.............................RESPONDENT APPEARANCES BY: NONE, APPEARED ON BEHALF OF THE ASSESSEE. SMT. RANU BISWAS, ADDL.CIT D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : AUGUST 25 TH , 2020 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 16 TH , 2020 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) 4, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 21/01/2019, FOR THE ASSESSMENT YEAR 2013-14. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS NO APPLICATION FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES, WE DISPOSE OFF THE CASE EX-PARTE ON MERITS QUA THE ASSESSEE AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE. 3. HEARD THE LD. D/R. THE ONLY ISSUE THAT THE ASSESSEE AGITATES IN THIS APPEAL IS THE DISALLOWANCE U/S 14A OF THE ACT. THE LD. CIT(A) HAS NOT GIVEN ADEQUATE OPPORTUNITY TO THE ASSESSEE TO REPRESENT ITS CASE NOR HAS CONSIDERED THE WRITTEN SUBMISSION ON THIS ISSUE OF DISALLOWANCE U/S 14A. HENCE, WE SET ASIDE THIS ISSUE OF DISALLOWANCE U/S 14A OF THE ACT TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW, AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY OF BEING HEARD. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 16 TH DAY OF SEPTEMBER, 2020. SD/- SD/- [ABY T. VARKEY] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16.09.2020 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. THE INDIAN TEXTILES COMPANY PRIVATE LIMITED NO.1, AHIRIPUKUR ROAD KOLKATA - 700 070 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 2 THE INDIAN TEXTILES COMPANY COMPANY PRIVATE LIMITED DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -12(2), KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES ITA NO. 315/KOL/2020 ASSESSMENT YEAR: 2013-14 THE INDIAN TEXTILES COMPANY PRIVATE LIMITED TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES