M/s. Rocky Marketing Pvt. Ltd., , Kolkata V. DCIT, Central Circle - 2(1), Kolkata , Kolkata

ITA 441/KOL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9831 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 15-03-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANJOY MUKHERJEE
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM] I.T.A NO. 441/KOL/201 8 ASSESSMENT YEAR : 2010-1 1 M/S ROCKY MARKETING PVT. LTD. -VS- DCIT, CC-2 (1), KOLKATA [PAN: AADFH 2807 B] (APPELLANT) ( RESPONDENT) FOR THE APPELLANT : SHRI RAVI TU LSIYAN, FCA FOR THE RESPONDENT : SHRI SANJOY MUKHERJ EE, ADDL. CIT DATE OF HEARING : 10.09.2018 DATE OF PRONOUNCEMENT : .09.2018 ORDER 1. THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2010- 11 IS DIRECTED AGAINST THE CIT(A)-1, KOLKATAS EX PARTE ORDER DATED 04.03.2016 PASSED IN CASE NO. 169/CIT(A)-1/WD- 2(1)/2013-14 AFFIRMING THE ASSESSING OFFICERS ACT ION DISALLOWING / ADDING SHORT TERM CAPITAL LOANS OF RS. 4,62,60,000/- IN SHARES OF M/S AAT TECHNO INFO LTD. AGAINST SHORT TERM CAPITAL GAINS OF RS. 37,72,353/- IN OTHER SHAR ES MADE IN ASSESSMENT ORDER DATED 26.03.2013, IN PROCEEDINGS U/S 143(3) OF THE ACT. HEARD BOTH THE PARTIES REITERATING RESPECTIVE CIRC UMSTANCES IN SUPPORT OF THE IMPUGNED LOSS DISALLOWANCE WHICH CASE FILE PERUSED. 2. IT EMERGES AT THE OUTSET THAT THE CIT(A) HAS PAS SED HIS EARLIER ORDER EX PARTE. HE APPEARS TO HAVE GRANTED TWO OPPORTUNITIES TO THE AS SESSEE DURING THE COURSE LOWER APPELLATE PROCEEDINGS. FORMER ONE WAS ON 19.01.2016 AS AGAINST LATTER ONE DATED 2 ITA NO.441/KOL/2018 M/S ROCKY MARKETING PVT. LTD. A.YR. 2010-11 2 03.03.2016. HE HAS THEREAFTER PASSED HIS LOWER APPE LLATE ORDER BY INVOKING EX PARTE PROCEEDINGS AND FOLLOWED BY A TOTAL NON-SPEAKING AD JUDICATION ON MERITS NOT INCONSONANCE WITH SECTION 250(6) OF THE ACT REQUIRI NG POINT OF DETERMINATION AND A DETAILED DISCUSSION. IT FURTHER TRANSPIRES THAT TH ERE IS NOT A SINGLE REMARK AS TO WHETHER THE ASSESSEE HAD BEEN ACTUALLY SERVED THE LOWER APP ELLATE HEARING NOTICE(S) OR NOT. I THEREFORE DEEM IT APPROPRIATE TO REMAND THE INSTANT ISSUE BACK TO CIT(A) FOR FRESH ADJUDICATION ON MERITS AS PER LAW. 3. THIS ASSESSESS APPEAL IS ACCEPTED FOR STATISTIC AL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 26.09.2018 SD/- [ S.S.GODARA ] JUDICIAL MEMBER DATED : 26.09.2018 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. M/S ROCKY MARKETING PVT. LTD., 4, SHYAMA PRASAD MUKHERJEE ROAD, KOLKATA-700025. 2. DCIT, CC-2(1), AAYAKAR BHAWAN POORVA, 110, SHANT IPALLY, KOLKATA-700107. 3..C.I.T(A).- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S