Arshia Global Tradecom (P) Ltd, Kolkata V. DCIT, Circle-7, Kolkata, Kolkata

ITA 478/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 3938 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 10-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED

Judgement Text

PAGE | 1 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SH. S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.478/KOL/2017 (ASSESSMENT YEAR-2011-12) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 31.01.2017 PASSED BY CIT(A)-16, KOLKATA FOR AY 2011-12 WHEREIN HE CONFIRMED THE ADDITIONS MADE BY THE AO EX-PARTE OF ASSESSEE. 2. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF THE RECORD ALONGWITH AFFIDAVIT DATED 07.09.2018, IT IS NOTED THAT THE REASONS STATED IN THE SAID AFFIDAVIT ARE BONAFIDE. THEREFORE, TAKING INTO CONSIDERATION THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTERESTS OF JUSTICE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF LD.CIT(A) FOR HIS FRESH CONSIDERATION. THE ASSESSEE IS LIBERTY TO FILE EVIDENCES IN SUPPORT OF ITS CONTENTION. THUS, 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 31.10.2018. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER M/S. ARSHIA GLOBAL TRADECOM (P.) LTD., JHUNJHUNWALA HOUSE, 1/B, NANDO MULLICK LANE, KOLKATA-700006. PAN-AAICA3457A VS DC IT , CIRCLE - 7 ( 1 ) , AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069. (APPELLANT) (RESPONDENT) APPELLANT BY SWATI BAID, AR RESPONDENT BY ROBIN CHOUDHARY, ADDL.CIT SR.DR DATE OF HEARING 15.10.2018 DATE OF PRONOUNCEMENT 31.10.2018 ITA NO.478/KOL/2017 (ASSESSMENT YEAR-2011-12) PAGE | 2 DATE:- 31.10.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- M/S. ARSHIA GLOBAL TRADECOM (P.) LTD., JHUNJHUNWALA HOUSE, 1/B, NANDO MULLICK LANE, KOLKATA-700006. 2. RESPONDENT- DCIT, CIRCLE-7(1), AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES SR.P.S./H.O.O ITAT, KOLKATA