Amit Kumar Dalmia, Siliguri V. ITO, Sard-1(1), Siliguri

ITA 482/KOL/2023

AI Insights

The case involves Amit Kumar Dalmia, the appellant, who appealed against the order of the National Faceless Appeal Centre (CIT(A)), which confirmed various disallowances and additions to his income for the assessment year 2015-16. The primary issues included the confirmation of an abnormal loss, the addition of the entire sale consideration to income without allowing deductions for cost of acquisition and improvement, and the addition of a difference in creditors' balance. The appellant argued that the CIT(A) erred in law and fact, particularly in not considering the actual losses and the lack of opportunity given to explain during the assessment proceedings. The Tribunal noted the appellant's inability to comply with the CIT(A) due to personal circumstances, which were beyond his control, and thus decided to set aside the CIT(A)'s order and remand the case for a fresh decision.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 128259 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Next Hearing Date: 11-09-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 15-05-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 250

Judgement Text

आयकर अपीलȣय अͬधकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Įी संजय गग[, ÛयाǓयक सदèय एवं Įी मनीष बोरड, लेखा सदèय के सम¢ Before Shri Sanjay Garg, Judicial Member and Dr. Manish Borad, Accountant Member I.T.A No.482/Kol/2023 Assessment year: 2015-16 Amit Kumar Dalmia.......................................................................Appellant C/o Amit Trading Co., Naya Bhazar, Khalpara, Siliguri – 734005. [PAN: ACXPD4089P] vs. ITO, Ward-1(1), Siliguri.............................................................Respondent Appearances by: Shri Siddharth Agarwal, Advocate, appeared on behalf of the appellant. Shri P. P. Barman, Addl. CIT-Sr. DR, appeared on behalf of the Respondent. Date of concluding the hearing : September 12, 2023 Date of pronouncing the order : September 12, 2023 आदेश / ORDER संजय गग[, ÛयाǓयक सदèय ɮवारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 28.03.2023 of the National Faceless Appeal Centre (hereinafter referred to as the ‘CIT(A)’) passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. The assessee in this appeal has taken the following grounds of appeal: “1. That the Ld. CIT (A) erred in law as well as facts while passing the assessment order. 2. That the Ld. CIT (A) erred in law as well as on facts while confirming the disallowance of abnormal loss of Rs. 5,08,440/- only relying upon the I.T.A No.482/Kol/2023 Assessment year: 2015-16 Amit Kumar Dalmia 2 surveyor's report without giving cognizance to the books of accounts of the appellant where the loss claimed was actual loss suffered by the appellant. 3. That the Ld. CIT (A) erred in law as well as facts while confirming the addition of the entire sale consideration of Rs. 12,37,000/- in total income of the appellant not allowing cost of acquisition and cost of improvement as deduction from the sales consideration. 4. That the Ld. CIT (A) erred in confirming addition of Rs. 1,13,132/- as difference between creditors balance notwithstanding the fact that appellant was not given an opportunity to give his explanation during the assessment proceedings. 5. That as the order passed by the Ld. CIT (A) is arbitrary, bad in law, unlawful and unjustified, the deduction claimed by the appellant should be allowed and the additions/disallowances should be deleted and your appellant be given such relief(s) as prayed for. 6. That the appellant craves your Ld. Permission to add, amend and modify the above on or before the date of hearing of the appeal.” 3. At the outset, the ld. Counsel for the assessee has invited our attention to the impugned order of the CIT(A) to submit that the same is an ex parte order. The ld. Counsel has further invited our attention to the affidavit of the assessee, Shri Amit Kumar Dalmia, wherein, he has deposed that the old mother of the assessee was seriously ill and the assessee was occupied in taking care of her health and hence was not able to attend to his business or any other matter. He, under the circumstances, could not send the required documents and information to his consultant who in turn was supposed to furnish the same to the CIT(A). That non-compliance before the CIT(A) was not intentional, rather, due to reasons beyond the control of the assessee. The ld. Counsel for the assessee, therefore, has submitted that the assessee may be given opportunity to present his case before the CIT(A). I.T.A No.482/Kol/2023 Assessment year: 2015-16 Amit Kumar Dalmia 3 4. The ld. DR however has relied upon the order of the CIT(A). 5. After considering the rival contentions, we are of the view that the interests of justice will be well-served if, the assessee is given an opportunity to present his case before the CIT(A). The impugned order of the CIT(A) is set aside and the matter is restored to the file of the CIT(A) for decision afresh. The ld. CIT(A) will issue notice of hearing to the assessee both through electronically and physical mode. The assessee will promptly furnish the details and explanation as may be called for by the CIT(A) for proper disposal of his case. 6. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 12 th September, 2023. Sd/- Sd/- [डॉÈटर मनीष बोरड /Dr. Manish Borad] [संजय गग[ /Sanjay Garg] लेखा सदèय /Accountant Member ÛयाǓयक सदèय /Judicial Member Dated: 12.09.2023. RS Copy of the order forwarded to: 1. Amit Kumar Dalmia 2. ITO, Ward-1(1), Siliguri 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches