M/s Graceful Suppliers Pvt. Ltd., Kolkata V. ITO, WD-1(3), KOLKATA, Kolkata

ITA 483/KOL/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1781 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 18-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Section: 14A; 68

Judgement Text

ITA NO.483/KOL/2016 (ASSESSMENT YEAR-2011-12) 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.483/KOL/2016 (ASSESSMENT YEAR-2011-12) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 29.02.2016 PASSED BY CIT(A)-1, KOLKATA FOR AY 2011-12 WHEREIN HE CONFIRMED THE ORDER OF AO EX-PARTE OF THE ASSESSEE. 2. WHEN THE MATTER IS CALLED, WE FIND NO REPRESENTATION ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FILED SEEKING ADJOURNMENT, THEREFORE, THE ASSESSEE SET EX-PARTE. WE PROCEED TO HEAR THE AR AND DISPOSE OFF THE APPEAL. 3. HEARD LD.DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOTED FROM THE RECORD THAT THE AO MADE ADDITIONS U/S 14A AND 68 OF THE INCOME TAX ACT, 1961 (IN SHORT ACT). THE ASSESSEE CHALLENGED THE SAME BEFORE THE CIT(A). THE CIT(A) FIXED THE APPEAL FOR HEARING ON 04.12.2015, 03.02.2016 & 26.02.2016. ACCORDING TO 1 M/S. GRACEFUL SUPPLIERS PVT.LTD., RAJESH MOHAN & ASSOCIATES, UNIT NO.18, 5 TH FLOOR, BAGATI HOUSE, 34, GANESH CHANDRA AVENUE, KOLKATA-700013. PAN-AAECG1153D VS ITO, WARD-1(3), P-7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, KOLKATA- 700069. (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. R.SHYAM, CIT DR DATE OF HEARING 29.10.2018 DATE OF PRONOUNCEMENT 16.11.2018 ITA NO.483/KOL/2016 (ASSESSMENT YEAR-2011-12) THE CIT(A), NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FILED REQUESTING ADJOURNMENT AND FOR NON-COMPLIANCE, HE DISMISSED THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE. WE FIND THE ADDITIONS MADE BY THE AO REQUIRES ASSISTANCE FROM THE ASSESSEE AND AS DISCUSSED ABOVE, THERE WAS NO OPPORTUNITY FOR THE ASSESSEE TO PROSECUTE THE GROUNDS RAISED BEFORE THE CIT(A) IN FIRST APPELLATE PROCEEDINGS. THEREFORE, TAKING INTO CONSIDERATION, THE ADDITIONS MADE AND FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE TO THE FILE OF CIT(A) FOR HIS FRESH CONSIDERATION IN THE INTERESTS OF JUSTICE. THE ASSESSEE IS LIBERTY TO FILE EVIDENCES IN SUPPORT OF HIS CONTENTION. THUS, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 16.11.2018. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 16.11.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- M/S. GRACEFUL SUPPLIERS PVT.LTD., RAJESH MOHAN & ASSOCIATES, UNIT NO.18, 5 TH FLOOR, BAGATI HOUSE, 34, GANESH CHANDRA AVENUE, KOLKATA-700013. 2. RESPONDENT- ITO, WARD-1(3), P-7, CHOWRINGHEE SQUARE, AAYAKAR BHAWAN, KOLKATA-700069. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES SR.P.S./H.O.O ITAT, KOLKATA 2