M/s. Parivartan Residency Pvt. Ltd., , Howrah V. ITO, Ward - 13(3), Kolkata , Kolkata

ITA 449/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3049 (ITAT-KOLKATA)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 15-03-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S HALDER
• Assessee Lawyers: A K TULSIYAN

Judgement Text

M/S PARIVARTAN RESIDENCY PVT. LTD. I.T.A NO.449/KOL/2018 ASSESSMENT YEAR: 2012-13 PAGE | 1 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOLKATA BEFORE: SHRI P. M. JAGTAP, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A NO.449/KOL/2018 (ASSESSMENT YEAR: 2012-13) M/S PARIVARTAN RESIDENCY PVT. LTD. APPELLANT [PAN: AAGCP 1351 E] VS ITO, WARD-13(3), KOLKATA RESPONDENT FOR THE APPELLANT : SHRI A. K. TULSIYAN, ADVOCATE FOR THE RESPONDENT : SHRI S. HALDER, SR. DR DATE OF HEARING : 20.12.2018 DATE OF PRONOUNCEMENT : 27.02.2019 ORDER SHRI S.S. VISWANETHRA RAVI, JM: THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 23.11.2016 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKATA [CIT(A)] FOR ASSESSMENT YEAR 2012-13 WHEREIN HE CONFIRMED THE ORDER OF ASSESSING OFFICER EX PARTE OF ASSESSEE. 2. HEARD BOTH PARTIES, PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS NOTED FROM THE RECORD THAT THE ISSUE INVOLVED IN THE PRESENT APPEAL IS CONFIRMING THE ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT OF INTRODUCTION OF SHARE CAPITAL. IT IS ALSO NOTED THAT THERE WAS NO REPRESENTATION ON BEHALF OF THE ASSESSEE BEFORE THE ASSESSING OFFICER AND CIT(A). THE CONTENTION OF THE LD. AR IS THAT AN AFFIDAVIT WAS FILED WHICH IS PLACED ON RECORD AND ARGUED THAT THE ASSESSING M/S PARIVARTAN RESIDENCY PVT. LTD. I.T.A NO.449/KOL/2018 ASSESSMENT YEAR: 2012-13 PAGE | 2 OFFICER REFUSED TO RECORD THE ATTENDANCE OF AUTHORIZED REPRESENTATIVE WHO APPEARED BEFORE HIM ON BEHALF OF THE ASSESSEE AND REFERRED TO PARA 2 OF THE SAID AFFIDAVIT. IT IS ALSO CONTENDED THAT NO NOTICES WERE EVER RECEIVED BY THE ASSESSEE FROM THE FIRST APPELLATE PROCEEDINGS AND REFERRED TO PARA 3 OF THE SAID AFFIDAVIT. FURTHER, HE SUBMITS THAT THE ASSESSEE IS READY TO PROVIDE ALL THE DETAILS IN RESPECT OF SUBSTANTIAL ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT OF INTRODUCTION OF SHARE CAPITAL AND PRAYED THE BENCH TO REMAND THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION. THE LD. DR REPORTED NO OBJECTION IN REMANDING THE MATTER TO THE FILE OF THE ASSESSING OFFICER. THEREFORE, ON CONSIDERATION OF THE SUBMISSIONS OF THE LD. AR AND DR AND TAKING INTO CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE, WE REMAND THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR HIS FRESH VERIFICATION. THE ASSESSEE IS LIBERTY TO FILE EVIDENCES, IF ANY, IN SUPPORT OF ITS CLAIMS. THEREFORE, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 27.02.2019. SD/- SD/- [P. M. JAGTAP] [S.S. VISWANETHRA RAVI] VICE PRESIDENT JUDICIAL MEMBER DATED : 27.02.2019 PLACE : KOLKATA RS, SR.PS M/S PARIVARTAN RESIDENCY PVT. LTD. I.T.A NO.449/KOL/2018 ASSESSMENT YEAR: 2012-13 PAGE | 3 COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT M/S PARIVARTAN RESIDENCY PVT. LTD., 7, BURNT SALT GOLA LANE, HOWRAH 711 101. 2 RESPONDENT ITO, WARD-13(3), KOLKATA 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA //TRUE COPY// BY ORDER, ASSISTANT REGISTRAR, ITAT, KOLKATA