Nifty Vincom Pvt. Ltd. , Kolkata V. ITO, Ward 6(3), , Kolkata

ITA 327/KOL/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 4688 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 05-11-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 05-04-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

ITA No. 327/KOL/2023 Assessment Year: 2012-2013 Nifty Vincom Pvt. Limited 1 IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH, KOLKATA Before Shri Rajpal Yadav, Vice-President (KZ) & Dr. Manish Borad, Accountant Member I.T.A. No. 327/KOL/2023 Assessment Year: 2012-2013 Nifty Vincom Pvt. Limited,.....................Appellant 18, Netaji Subhas Road, 1 st Floor, Backgate, Kolkata-700001 [PAN: AADCN7903K] -Vs.- Income Tax Officer,...............................Respondent Ward-6(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: Shri Miraj D. Shah, A.R., appeared on behalf of the assessee Shri Manas Mondal, Addl. CIT, Sr. D.R., appeared on behalf of the Revenue Date of concluding the hearing : December 13, 2023 Date of pronouncing the order : December 13, 2023 O R D E R Per Dr. Manish Borad, Accountant Member:- The assessee is in appeal before the Tribunal against the order of ld. Commissioner of Income Tax (Appeals), National ITA No. 327/KOL/2023 Assessment Year: 2012-2013 Nifty Vincom Pvt. Limited 2 Faceless Appeal Centre (NFAC), Delhi dated 24.02.2023 passed for A.Y. 2012-13. 2. At the very outset, ld. Counsel for the assessee has filed an affidavit of one Shri Rakesh Kumar Daga, Director of the assessee-company pleading therein that on the last date of hearing fixed before the ld. 1 st Appellate Authority, the assessee has applied for an adjournment and prayed that hearing he adjourned upto 25 th February, 2023. This application was made on 15 th February, 2023. According to the assessee, that it only sought a time of 10 days from the ld. CIT(Appeals), but ld. 1 st Appellate Authority has decided the appeal on 24 th February, 2023 without the assistance of the material ought to be supplied by the assessee. He prayed that proper opportunity of hearing was not granted to the assessee. Therefore, the impugned order be set aside and the matter be restored to the file of ld. CIT(Appeals). 3. With the assistance of ld. Representatives, we have gone through the record carefully. It emerges out that the ld. 1 st Appellate Authority has dismissed the appeal on account of non- prosecution. In the concluding paragraph, ld. CIT(Appeals) has observed that there was no compliance either by the assessee- company or by the subscriber companies. This procedure is not in consonance with sub-section (6) of section 250 of the Income Tax Act, whereby ld. 1 st Appellate Authority is required to determine the points in dispute and thereafter record the reasons ITA No. 327/KOL/2023 Assessment Year: 2012-2013 Nifty Vincom Pvt. Limited 3 on those points. Therefore, this order is not sustainable. We set aside the impugned order and restore all the issues to the file of ld. CIT(Appeals) for fresh adjudication. 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 13/12/2023. Sd/- Sd/- (Rajpal Yadav) (Manish Borad) Vice-President (KZ) Accountant Member Kolkata, the 13 th day of December, 2023 Copies to :(1) Nifty Vincom Pvt. Limited, 18, Netaji Subhas Road, 1 st Floor, Backgate, Kolkata-700001 (2) Income Tax Officer, Ward-6(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi; (4) The Departmental Representative (5) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.