Jaganmata Sales Pvt. Ltd., , Kolkata V. ITO, Ward - 13(2), Kolkata , Kolkata

ITA 520/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7995 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 26-03-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANKAR HALDER
• Assessee Lawyers: MIRAJ D. SHAH
• Section: 68; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : KOLKATA [BEFORE HONBLE SHRI S.S.GODARA, JM & HONBLE SHRI M.BALAGANESH, AM] I.T.A NO. 520/KOL/2018 ASSESSMENT YEAR : 2012-1 3 JAGANMATA SALES PVT. LTD. -VS- I TO, WARD-13(2), KOLKATA [PAN: AACCJ 5212 E] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI MIRAJ D. SHAH , AR FOR THE RESPONDENT : SHRI SANKAR HALDER, ADDL. CIT SR. DR DATE OF HEARING : 26.12.2018 DATE OF PRONOUNCEMENT : 01.01.2019 ORDER PER M.BALAGANESH, AM 1. THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-5, KOLKATA [IN SHORT THE LD CIT (A)] IN APPEAL NO.227/CIT(A)- 5/WD-13(2)/15-16 DATED 02.11.2016 AGAINST THE ORDE R PASSED BY ITO, WARD-13(2), KOLKATA[ IN SHORT THE LD AO] UNDER SECTION 144 OF T HE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 28.03.2015 FOR THE ASSESSMENT YE AR 2012-13. 2. THE ONLY ISSUE TO BE DECIDED IN THIS APPEAL IS A S TO WHETHER THE LD. CIT(A) WAS JUSTIFIED IN CONFIRMING THE ADDITION TOWARDS SHARE CAPITAL AND SHARE PREMIUM U/S 68 OF THE ACT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE . 2 ITA NO.520/KOL/2018 JAGANMATA SALES PVT. LTD. A.YR. 2012-13 2 3. AT THE OUTSET, WE FIND THAT THE LD. CIT(A) HAD P ASSED AN ORDER EX PARTE WITHOUT ADJUDICATING THE ISSUE ON MERITS. BOTH THE PARTIES MUTUALLY AGREED THAT THIS ISSUE REQUIRES TO BE SET ASIDE TO THE FILE OF LD. CIT(A) FOR DE NO VO ADJUDICATION. IN THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JU STICE AND FAIR PLAY, WE DEEM IT FIT AND APPROPRIATE TO REMAND THIS APPEAL TO THE FILE OF TH E LD. CIT(A) FOR DE NOVO ADJUDICATION ON MERITS. THE LD. CIT(A) IS DIRECTED TO ADJUDICATE THE ISSUE ON MERITS UNINFLUENCED BY EARLIER DECISION TAKEN BY HIM IN THIS REGARD. THE A SSESSEE IS DIRECTED TO APPEAR BEFORE THE LD. CIT(A) ON 20.03.2019 AND NOT TO TAKE ANY ADJOUR NMENT EXCEPT DUE TO EXCEPTIONAL OR UNAVOIDABLE CIRCUMSTANCES. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 01.01.2019 SD/- SD/- [S.S. GODARA] [ M .BALAGANESH ] JUDICIAL MEMBER ACCOUNTANT MEM BER DATED : 01.01.2019 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. JAGANMATA SALES PVT. LTD., 2E, CORNFIELD ROAD, GROUND FLOOR, KOLKATA-700019 2. ITO, WARD-13(2), KOLKATA, 110, SHANTIPALLY, E.M. BYE PASS, KOLKATA-700107. 3..C.I.T.(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER A SSISTANT REGISTRAR ITAT , KOLKATA BENCHES 3 ITA NO.520/KOL/2018 JAGANMATA SALES PVT. LTD. A.YR. 2012-13 3