M/s. Neelkanth Goods (Pvt.) Ltd., Kolkata V. ITO, Ward - 1(3), Kolkata, Kolkata

ITA 335/KOL/2011

• Counselvise Citation: 33523514 RSA 2011
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 25-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: UJJAL KUMAR
• Keywords: Opportunity of being heard

Judgement Text

, , , , , , ,, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA [ . . . . . . . . , ,, , , ,, , . . . . . .. . ! ! ! ! , ' ' ' ' ] [BEFORE HONBLE SHRI B. R. MITT AL, JM & HONBLE SHRI SHRI S.V. MEHROTRA, AM] #$ #$ #$ #$ / I.T.A NO. 335/KOL/2011 %& '() %& '() %& '() %& '()/ // / ASSESSMENT YEAR : 2005-06 M/S. NEELKANTH GOODS (P) LIMITED -VS .- INCOME TAX OFFICER/WARD-1(3) KOLKATA. [PAN : AAACN8631 P ] KOLKATA. (,- /APPELLANT ) (/0,-/ RESPONDENT ) ,- / FOR THE APPELLANT : 1 /SHRI SUBASH AGARWAL /0,- / FOR THE RESPONDENT : 1 / SHRI UJJAL KUMAR, CIT 2 /O R D E R [ . . . . . .. . ! ! ! ! , ] PER S.V. MEHROTRA, JM THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT YEAR 2005-06 AGAINST ORDER OF CIT(A)-I, KOLKATA DATED 02.09.2010. THE RELEVANT GROUND I.E. GROUND NO.1, IS REPRODUCED AS UNDER :- 1. FOR THAT THE LD. CIT(A)-I, KOLKATA HAS ERRED I N LAW AS WELL AS ON FACTS OF THE CASE IN PASSING ORDER WITHOUT AL LOWING SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE APPELLANT. 2. THE ASSESSEE-COMPANY IN THE RELEVANT ASSESSMENT YEAR CARRIED ON THE BUSINESS OF TRADING AND INVESTMENT OF UNQUOTED SHARES OF VARIOUS COMPANIES. IT FILED ITS RETURN OF INCOME SHOWING TOTAL INCOME OF RS.4,730/-. THE ASSESSMENT WAS COMPLETED AT A TOTAL INCOME OF RS.2,45,38,750/- BY MAKING AN ADDITION OF RS.2,45,34,000/- U/S. 68 OF T HE ACT. THE ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT(A). THE LD. CIT(A) HAS DISMISSED THE APPEAL EX PARTE BY FOLLOWING THE DECISION OF CIT VS. MULTIPLAN INDIA LTD. [38 ITD 320] THOUGH VARIOUS AD JOURNMENT APPLICATIONS WERE FILED BEFORE LD. CIT(A). 3. BEING AGGRIEVED THE ASSESSEE IS IN APPEAL BEFORE US. ITA NO. 335/KOL/2011 2 4. LD. COUNSEL APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE IMPUGNED ORDER WAS PASSED BY THE LD. CIT(A) EX PARTE WITHOUT AFFORDING SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND REQUESTED TO RESTORE THE MATTER TO THE FILE OF THE LD. CIT(A) FOR DECIDING THE APPEAL ON MERIT AFTER ALLOWING SUFFICIENT OPPORTUNITY OF HEAR ING TO THE ASSESSEE. 5. LD. DEPARTMENTAL REPRESENTATIVE SUPPORTED THE OR DERS OF THE AUTHORITIES BELOW. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE P ARTIES. WE FIND THAT THE LD. CIT(A) HAS NOT CONSIDERED THE ISSUE ON MERIT. THEREFORE, IN ORDER TO IMPART SUBSTANTIAL JUSTICE TO THE ASSESSEE, WE S ET ASIDE THE ORDER OF LD. CIT(A) AND RESTORE THE MATTE R BACK TO THE FILE OF LD. CIT(A) FOR DECIDING THE APPEAL DE NOVO . THE ASSESSEE IS DIRECTED TO COOPERATE WITH THE PR OCEEDINGS. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. 2 2 2 2 '3 '3 '3 '3 4 44 4 3% 3% 3% 3% 5 5 5 5 6 6 6 6 7' 7' 7' 7' ORDER PRONOUNCED IN THE OPEN COURT ON 24. 0 5. 2011. SD/- SD/- [ . . , ] [ . . ! , ' ] [ B. R. MITTAL ] [ S.V. MEHROTRA ] JUDICIAL MEMBER ACCOUNTANT MEMBER 7' / DATED : 24TH MAY, 2011. 2 8 /9 :9(; - COPY OF THE ORDER FORWARDED TO: 1. ' /APPLICANT- M/S. NEELKANTH GOODS (P) LTD., 89, BU RTOLLA STREET, KOLKATA-700 001. 2 /0,- / RESPONDENT : INCOME TAX OFFICER/WARD-1(3), AAYAKA R BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069. 3. 2% / CIT 4. 2% ( )/ CIT(A) 5. '5 /% / DR, KOLKATA BENCHES, KOLKATA [ 09 / / TRUE COPY] 2%3 / BY ORDER < / #= /DEPUTY/ASSTT. REGISTRAR . [KKC '>? %@= A' /SR.PS]