Whitestone Suppliers Pvt. Ltd., Kolkata V. I.T.O.,Ward-10(2), Kolkata

ITA 358/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0183 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 26-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IMOKABA JAMIR
• Assessee Lawyers: RAVI TULSIAN
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D KOLKATA BEFORE SHRI P.M.JAGTAP, VICE-PRESIDENT AND SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO.358/KOL/2019 ASSESSMENT YEAR: 2013-14 WHITESTONE SUPPLIERS PVT. LTD., SKP HOUSE, 132A, S.P.MUKHERJEE ROAD, KOLKATA-700 026 [ PAN NO.AAACW 2202 M ] / V/S . INCOME TAX OFFICER, WARD-10(2), AAYAKAR BHAWAN, P-7, CHOWRINGHEEE SQUARE, KOLKATA-700 069 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI RAVI TULSIAN, FCA /BY RESPONDENT SHRI IMOKABA JAMIR, , CIT-DR /DATE OF HEARING 11-06-2020 /DATE OF PRONOUNCEMENT 24-06-2020 /O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2013-14 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATAS O RDER DATED 31.12.2018, PASSED IN CASE NO. 06/CIT(A)-4/2015-16/ U/S 144 OF THE IN COME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET DURING THE COURSE OF HEARING THAT THE CIT(A)S LOWER APPELLATE ORDER AFFIRMING THE ASSESSING OFFICERS A CTION TREATING THE ASSESSEES SHARE CAPITAL / PREMIUM OF 30,27,70,272/-; HAS BEEN PASSED EX PARTE AFTER OBSERVING THAT IT CHOOSE NOT TO APPEAR. LEARNED COUNSELS CASE IS THA T ALTHOUGH THE ASSESSEE HAD FILED ALL THE RELEVANT DETAILS PERTAINING TO THE CORRESPONDIN G INVESTOR PARTY(IES) HAVING ITA NO.358/KOL/2019 A.Y. 2013-14 WHITESTONE SUPPLIERS PVT. LTD. VS. ITO WD-10(2 ), KOL. P AGE 2 SUBSCRIBED OF ITS SHARE CAPITAL / PREMIUM, THE SAME HAVE NOWHERE BEEN DEALT WITH EITHER IN THE COURSE OF ASSESSMENT OR IN LOWER APPE LLATE DISCUSSION. HE THEN TOOK US TO THE CIT(A)S ORDER NOT INDICATING THE ACTUAL SERVIC E OF NOTICE. AND ALSO THAT THE CIT(A) HAS NOT ADJUDICATED UPON MERITS OF THE ISSUE AS REQUIRED U/S. 250(6) OF THE ACT. THE REVENUE FAILS TO REBUT THIS CLINCHING FACTUAL P ROVISION. WE THEREFORE DEEM IT APPROPRIATE TO RESTORE THE ABOVE SOLE ISSUE BACK TO THE ASSESSING OFFICER KEEPING IN MIND THE FACT THAT HE HAD NOWHERE CONSIDERED THE AS SESSEES DETAILED EVIDENCE IN HIS EARLIER ROUND OF ASSESSMENT. WE ORDER ACCORDINGLY. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 24/06/2020 SD/- SD /- ( !) (#$ ') (P.M.JAGTAP) (S.S.GODARA) VICE PRESIDENT JUDICIAL MEMBER *DKP-SR.PS ( - 24/06/2020 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-WHITESTONE SUPPLIERS PVT. LTD., SKP HOUS E, 132A, S.P. MUKHERJEE ROAD , KOLKATA-700 026 2. /RESPONDENT-ITO WD-10(2), AAYAKAR BHAWAN, P-7, CHOW RINGHEE SQUARE, KOLKAT A-700 069 3. + . / CONCERNED CIT 4. . - / CIT (A) 5. / $$+ , + / DR, ITAT, KOLKATA 6. 3 / GUARD FILE. BY ORD ER/ , /TRUE COPY/ +,