Nischay Infotech Pvt. Ltd., Kolkata V. I.T.O.Ward-1(4), Kolkata

ITA 377/KOL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8759 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-04-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 28-02-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SHANKAR HALDER
• Assessee Lawyers: MIRAJ D. SHAH
• Section: 250; 131; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA [BEFORE SRI P.M. JAGTAP, VICE-PRESIDENT & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER] I.T.A. NO. 377/KOL/2019 ASSESSMENT YEAR: 2012-13 NISCHAY INFOTECH PVT. LTD..................................................................................APPELLANT (EARLIER KNOWS AS NISCHAY COMMODITIES PRIVATE LIMITED) 6, C.R. AVENUE 2 ND FLOOR S-210 KOLKATA- 700 072 [PAN : AAACN 8922 D] INCOME TAX OFFICER WARD-1(4), KOLKATA........RESPONDENT APPEARANCES BY: SHRI MIRAJ D. SHAH, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SHRI SHANKAR HALDER, JCIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MARCH 8 TH , 2019 DATE OF PRONOUNCING THE ORDER : APRIL 3 RD , 2019 O R D E R PER S.S. VISWANETHRA RAVI, JM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 1, KOLKATA, (HEREINAFTER THE LD. CIT (A)), DT. 14/02/2019, PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), RELATING TO THE ASSESSMENT YEAR 2012-13, WHEREIN HE CONFIRMED THE ORDER OF THE ASSESSING OFFICER EX-PARTE OF THE ASSESSEE. 2. WHILE HEARING THE SUBMISSIONS OF THE LD. A/R IN RESPECT OF THE APPEAL UNDER THE CAPTION OF EARLY HEARING, WE FIND THAT THE LD. CIT(A) CONFIRMED THE ADDITIONS MADE BY THE ASSESSING OFFICER EX-PARTE OF THE ASSESSEE AND THE LD. A/R SUBMITS THAT THERE WERE NO NOTICES RECEIVED BY THE ASSESSEE IN THE FIRST APPELLATE PROCEEDINGS. HE FURTHER SUBMITS THAT THE ISSUE INVOLVED HEREIN IS ADDITION MADE U/S 68 OF THE ACT, WHEREIN THE ASSESSING OFFICER COULD NOT CONDUCT THE PROCEEDINGS U/S 131 OF THE ACT, WHICH REQUIRES TO PROVE THE IDENTITY, CREDITWORTHINESS OF THE ASSESSEE AND GENUINENESS OF THE TRANSACTIONS OF SHARE SUBSCRIBING COMPANIES. FURTHER HE PLACED THE RELIANCE ON ORDER OF THIS TRIBUNAL IN THE CASE OF KASVI DISTRIBUTORS PVT. LTD. VS. ITO IN ITA NO. 1588/KOL/2017; ASSESSMENT YEAR 2012-13, ORDER DT. NOVEMBER 19 TH , 2 I.T.A. NO. 377/KOL/2019 ASSESSMENT YEAR: 2012-13 NISCHAY INFOTECH PVT. LTD 2018, WHEREIN HE ARGUED, THAT UNDER SIMILAR CIRCUMSTANCES, THE TRIBUNAL DIRECTED THE ASSESSING OFFICER TO CONDUCT FRESH ENQUIRY BY AFFORDING AN OPPORTUNITY TO THE ASSESSEE TO EXPLAIN THE RELEVANT CASH CREDITS. THE LD. D/R REPORTS NO OBJECTION IN DISPOSING OFF THE MAIN APPEAL. 3. HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT ON SIMILAR FACTS AND ON IDENTICAL ISSUE, THIS TRIBUNAL AS POINTED OUT BY THE LD. A/R IN THE CASE OF KASVI DISTRIBUTORS PVT. LTD. (SUPRA) REMANDED THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR HIS FRESH CONSIDERATION BY GIVING ONE MORE OPPORTUNITY TO THE ASSESSEE TO EXPLAIN THE CASH CREDITS BY SUPPORTING DOCUMENTARY EVIDENCE. THEREFORE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR HIS FRESH ADJUDICATION AND THE ASSESSEE IS AT LIBERTY TO FILE EVIDENCES, IF ANY, IN SUPPORT OF ITS CLAIM. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 3 RD DAY OF MARCH, 2019. SD/- SD/- [P.M. JAGTAP] [ S.S. VISWANETHRA RAVI ] VICE PRESIDENT JUDICIAL MEMBER DATED : 03.04.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. NISCHAY INFOTECH PVT. LTD (EARLIER KNOWS AS NISCHAY COMMODITIES PRIVATE LIMITED) 6, C.R. AVENUE 2 ND FLOOR S-210 KOLKATA- 700 072 2. INCOME TAX OFFICER WARD-1(4), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES