M/s Green Star Corporation, Kolkata V. I.T.O.,Ward-45(2), Kolkata

ITA 523/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0960 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 05-09-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 15-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KALYAN NATH CIT SR D R RESPOND
• Assessee Lawyers: K K GOSWAMI
• Keywords: Depreciation; TDS
• Section: 143(3); 201

Judgement Text

ITA NO. 523/KOL/2019 ASSESSMENT YEAR: 2013-2014 M/S. GREEN STAR CORPORATION 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) I.T.A. NO. 523/KOL/2019 ASSESSMENT YEAR: 2013-2014 M/S. GREEN STAR CORPORATION,....................... ..........................APPELLANT C/O. AGARWAL VISWANATH & ASSOCIATES, 133/1/1A, S.N. BANERJEE ROAD, PUSHKAL BHAWAN, 3 RD FLOOR, KOLKATA-700013 [PAN: AAGFG4948M] -VS.- INCOME TAX OFFICER,................................ ...................................RESPONDENT WARD-45(2), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 APPEARANCES BY: SHRI K.K. GOSWAMI, ADVOCATE, FOR THE APPELLANT SHRI KALYAN NATH, ADDL.CIT, SR. D.R , FOR THE RESPONDEN T DATE OF CONCLUDING THE HEARING : SEPTEMBER 05, 201 9 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 05, 2019 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-13, KOLKATA DA TED 21.01.2019. 2. THE ASSESSEE IN THE PRESENT CASE IS A PARTNERSHI P FIRM, WHICH IS ENGAGED IN THE BUSINESS OF MANUFACTURING AND TRADIN G OF ELECTRICAL GADGETS. THE RETURN OF INCOME FOR THE YEAR UNDER CO NSIDERATION WAS FILED BY IT ON 30.09.2013 DECLARING TOTAL INCOME OF RS.12 ,78,740/-. IN THE ASSESSMENT COMPLETED UNDER SECTION 143(3) VIDE AN O RDER DATED 16.03.2016, THE TOTAL INCOME OF THE ASSESSEE WAS DE TERMINED BY THE ASSESSING OFFICER AT RS.32,99,948/- AFTER MAKING TH E FOLLOWING ADDITIONS:- (1) DISCREPANCY IN SUNDRY CREDITORS RS. 1,36,665/ - (2) DISALLOWANCE OF COMMISSION RS.18,20,500/ - ITA NO. 523/KOL/2019 ASSESSMENT YEAR: 2013-2014 M/S. GREEN STAR CORPORATION 2 ON SALES (3) INTEREST ON DELAYED PAYMENT OF TDS RS. 37,065/ - (4) DISALLOWANCE ON DEPRECIATION OF MOTOR CARS RS. 26,978/ - 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 143(3), AN APPEAL WAS FILED BY THE ASSESSEE BEFORE THE LD. CIT(APPEALS) AND SINCE THERE WAS NO SATISFACTORY COMPLIANCE TO T HE NOTICES BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIM E, THE LD. CIT(APPEALS) DISMISSED THE APPEAL OF THE ASSESSEE VIDE HIS APPEL LATE ORDER DATED 21.01.2019 PASSED EX-PARTE. AGGRIEVED BY THE ORDER OF THE LD. CIT(APPEALS), THE ASSESSEE HAS PREFERRED THIS APPEA L BEFORE THE TRIBUNAL. 4. AT THE TIME OF HEARING FIXED IN THIS CASE TODAY, THE ASSESSEE HAS FILED AN APPLICATION SEEKING ADJOURNMENT ON THE GROUND TH AT SOME MORE TIME IS REQUIRED TO COLLECT AND FILE THE RELEVANT DOCUMENTS , WHICH ARE REQUIRED TO SUBSTANTIATE ITS CASE ON THE ISSUES INVOLVED IN THI S APPEAL. RAISING OBJECTION TO THIS REQUEST MADE BY THE ASSESSEE FOR ADJOURNMENT, THE LD. D.R. HAS CONTENDED THAT THERE WAS NO COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY THE LD. CIT(APPEA LS) FIXING THE APPEAL OF THE ASSESSEE FOR HEARING FROM TIME TO TIME. HE HAS CONTENDED THAT IT IS THUS A CASE WHERE THE ASSESSEE HAS FAILED TO FILE T HE RELEVANT DOCUMENTS IN SUPPORT OF ITS CASE BEFORE THE LD. CIT(APPEALS) DESPITE GIVING SUFFICIENT OPPORTUNITY. HE HAS CONTENDED THAT IF THE TRIBUNAL IS INCLINED TO ALLOW THE ASSESSEE TO PLACE ON RECORD SUCH DOCUMENTS, THE MAT TER MAY BE SENT BACK TO THE LD. CIT(APPEALS) IN ORDER TO GIVE HIM AN OPP ORTUNITY TO DISPOSE OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT IN THE L IGHT OF THE SAID DOCUMENTS. I FIND MERIT IN THIS CONTENTION OF THE L D. D.R. MOREOVER, AS PER THE PROVISIONS OF SUB-SECTION (6) OF SECTION 250, L D. CIT(APPEALS) WAS REQUIRED TO DISPOSE OF THE APPEAL OF THE ASSESSEE B Y AN ORDER IN WRITING STATING THE POINTS FOR DETERMINATION, DECISION THER EON AND THE REASON FOR THE DECISION. IT IS OBSERVED THAT THE IMPUGNED ORDE R OF THE LD. CIT(APPEALS) DOES NOT COMPLY WITH THESE REQUIREMENT S. I, THEREFORE, SET ITA NO. 523/KOL/2019 ASSESSMENT YEAR: 2013-2014 M/S. GREEN STAR CORPORATION 3 ASIDE THE SAID ORDER AND REMIT THE MATTER BACK TO T HE LD. CIT(APPEALS) FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON M ERIT IN ACCORDANCE WITH LAW AFTER GIVING ONE MORE OPPORTUNITY OF BEING HEAR D TO THE ASSESSEE. THE ASSESSEE IS DIRECTED TO MAKE DUE COMPLIANCE BEFORE THE LD. CIT(APPEALS) AND EXTEND ALL THE POSSIBLE COOPERATION IN ORDER TO ENABLE THE LD. CIT(APPEALS) TO DISPOSE OF THE APPEAL EXPEDITIOUSLY . 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON SEPTEMBER 05 , 2019. SD/- (P.M. JAGTAP) VICE-PRESIDENT (KZ) KOLKATA, THE 5 TH DAY OF SEPTEMBER, 2019 COPIES TO : (1) M/S. GREEN STAR CORPORATION, C/O. AGARWAL VISWANATH & ASSOCIATES, 133/1/1A, S.N. BANERJEE ROAD, PUSHKAL BHAWAN, 3 RD FLOOR, KOLKATA-700013 (2) INCOME TAX OFFICER, WARD-45(2), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 (3) COMMISSIONER OF INCOME TAX (APPEALS)-13, KOLKA TA, (4) COMMISSIONER OF INCOME TAX, KOLKATA- , KOLKATA; (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.