A.C.I.T Cir - Nadia., Nadia V. Nadia District Cent Co- Operative Bank Ltd., Nadia

ITA 326/KOL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100119 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 15-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIRAJ KUMAR
• Assessee Lawyers: KAUSIK GUPTA FCMA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 326 / KOL / 2013 ASSESSMENT YEAR :2008-09 ACIT, CIRCLE-NADIA, KRISHNAGAR, NADIA PIN-741101 V/S . NADIA DISTRICT CENT CO- OERATIVE BANK LTD., M.M.GHOSH STEET, KRISHNAGAR, NADIA PIN 741 101 [ PAN NO.AAALN 0139 M ] /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI NIRAJ KUMAR,CIT-DR /BY RESPONDENT KAUSIK GUPTA, FC-MA /DATE OF HEARING 16-11-2015 /DATE OF PRONOUNCEMENT 30-11-2015 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE REVENUE IS ARISING OUT OF ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-XXXVI, KOLKATA IN APPEAL NO.37 3/CIT(A)- XXXVI/KOL/R.NADIA/10-11/1758 DATED 04.12.2012. ASSE SSMENT WAS FRAMED BY JCIT, RANGE-NADIA, U/S 143(3) R.W.S 115WE(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HI S ORDER DATED 24.12.2010 FOR ASSESSMENT YEAR 2008-09. 2. AT THE OUTSET IT WAS OBSERVED THAT THE ASSESSEE HAS MADE THE SUBMISSION TO THE LD. CIT(A) AGAINST THE ORDER OF A O. THE LD. CIT(A) HAS FORWARDED THE SUBMISSION OF ASSESSEE TO THE ASSESSI NG OFFICER FOR HIS ITA NO.326/KOL/2013 A.Y. 2008-09 ACIT CIR-NADIA V. NADIA DIST. CENT CO-OP. BANK LTD. PAGE 2 COMMENTS VIDE LETTERS DATED 28.05.2012, 03.07.2012 AND 05.1 0.2012. HOWEVER, THERE WAS NO COMPLIANCE ON THE PART OF AO. THEREFORE LD. CIT(A) DECIDED THE ISSUE ON THE BASIS OF SUBMISSION OF LD. AR OF ASSESSEE AND MATERIALS AVAILABLE ON RECORD WITHOUT WAITING FOR T HE REPLY OF THE AO. 3. LD. DR REQUESTED THE BENCH THAT THE MATTER SHOUL D BE RESTORED TO THE FILE OF LD. CIT(A) AS THE APPELLATE ORDER PASSED BY LD. CIT(A) IS WITHOUT HAVING THE REMAND REPORT FROM THE AO. THE LD. AR DID NOT O BJECT ON THE PRAY OF THE LD. DR FOR RESTORING THE MATTER TO THE CIT(A). THER EFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, WE ARE INCLINED TO RESTORE T HE MATTER TO THE FILE OF LD. CIT(A) WITH DIRECTION TO ADJUDICATE THE MATTER AFRE SH AFTER GETTING THE REMAND REPORT FROM THE ASSESSING OFFICER ON RECORD AND ADJ UDICATE THE APPEAL AS PER LAW. 4. IN THE RESULT, REVENUES APPEAL IS ALLOWED FOR STAT ISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT 30/ 11/2015 SD/- SD/- (N.V.VASUDEVAN) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP !- 30 /1 1 /2015 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-ACIT, CIRCLE-NADIA, KRISHNAGAR, NADIA, P IN. 741101 2. /RESPONDENT-NADIA DIST. CENTRAL CO-OP BANK LTD. M.M .GHOSH ST. KSG.NADIA 3. * +, - - . / CONCERNED CIT KOLKATA 4. - - .- / CIT (A) KOLKATA 5. 012 33+,, - +, , / DR, ITAT, KOLKATA 6. 267 89 / GUARD FILE. BY ORDER/ - , /TRUE COPY/ / - +, ,