Prateek Niketan Pvt. Ltd., Kolkata V. ITO, Ward 5(2), Kolkata, Kolkata

ITA 586/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0466 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 24-03-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 5(2); 14A; 68

Judgement Text

1 ITA NO . 586/KOL/2017 PRATEEK NIKETAN PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, KOLKATA BEFORE: SHRI M. BALAGANESH , ACCOUNTANT MEMBER , AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO . 586 / K OL/2017 A.Y 20 12 - 13 PRATEEK NIKETAN VS. INCOME TAX OFFICER PVT. LTD. WARD 5(2), KOLKATA PAN: AAFCP7908Q (APPELLANT) (RESPONDENT) APPEARANCES BY : SHRI M IRAJ .D SHAH, LD. AR S HRI A.K TIWARI, CIT DR), LD. SR. DR DATE O F HEARING : 1 0 - 09 - 2018 DATE OF PRONOUNCEMENT : 19 - 09 - 2018 O R D E R SHRI S.S. VISWANETHRA RAVI, JM : - T HE ABOVE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER DT. 03 - 01 - 2017 OF THE COMMISSIONER OF INCOME - TAX (APPEALS), 2 , KOL KATA FOR THE A.Y 2012 - 13 , WHEREIN HE CONFIRMED THE IMPUGNED ADDITIONS MADE BY AO U/S. 68 & 14 OF THE ACT R.W.R 8D OF THE IT RULES, 1962 . 2. IT WAS CONTENDED BY THE LD.AR THAT THE ASSESSE APPOINTED SHRI SURAJIT KUMAR ROY AS REPRESENTATIVE TO PROSECUTE IT S CASE BEFORE THE CIT - A IN THE FIRST APPELLATE PROCEEDINGS . THE SAID REPRESENTATIVE FELL ON THE DATE OF HEARING ON 23 - 12 - 2016 AND HE COULD NOT APPEAR AND URGED TO REMAND THE MATTER TO THE FILE OF CIT - A FOR HIS FRESH ADJUDICATION . 2 ITA NO . 586/KOL/2017 PRATEEK NIKETAN PVT. LTD. 3. ON THE OTHER HAND, TH E LD.DR OPPOSED TO THE ABOVE SUBMISSIONS OF THE LD.AR AND REFERRED TO PARA 2 OF THE ORDER OF CIT - A AND ARGUED THAT THE ASSESSE HAVE BEEN GIVEN AMPLE OPPORTUNITIES ON 23 - 09 - 2016, 29 - 11 - 2016 & 23 - 12 - 2016 , B UT, THE ASSESSE FAILED TO AVAIL THE SAME AND AS SUC H URGED TO DISMISS THE APPEAL FILED BY THE ASSESSE E . 4. AFTER HEARING BOTH THE PARTIES AND PERUSING RECORD, WE FIND THAT THE AO ADDED THE IMPUGNED ADDITIONS (RS.6,86,50,000 & RS.81,961) U/S.68 & 14A OF THE ACT RESPECTIVELY , WHICH WAS CHALLENGED BY ASSESS E E BEFORE THE CIT - A. IN OUR OPINION, ASSISTANCE OF ASSESSE IS REQUIRED IN FIRST APPELLATE PROCEEDINGS AND THERE WAS NO OPPORTUNITY FOR THE ASSESSEE TO PROSECUTE ITS CASE. THEREFORE, TAKING INTO CONSIDERATION THE FACTS AND CIRCUMSTANCES OF THE CASE AND AD DITIONS MADE THEREON , SUBMISSIONS OF LD.AR, AFFIDAVIT DT. 06 - 09 - 2018 AND IN THE INTEREST OF JUSTICE, WE DEEM IT FIT AND PROPER TO REMAND THE MATTER TO THE FILE OF CIT - A FOR HIS FRESH ADJUDICATION . THE ASSESSE IS AT LIBERTY TO FILE NECESSARY EVIDENCES/EXPLA NATION TO SUBSTANTIATE ITS CLAIM/CONTENTION . THE ASSESSE IS ALSO DIRECTED NOT TO SEEK ANY ADJOURNMENT AND TO CO - OPERATE WITH THE CIT - A FOR SPEEDY DISPOSAL OF THE CASE. GROUNDS RAISED BY THE ASSESSE ARE ALLOWED FOR STATISTICAL PURPOSE. 5 . IN THE RESULT, TH E APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE . ORDER PRONOUNCED IN THE OPEN COURT ON 19 - 09 - 2018 SD/ - SD/ - M. BALAGANESH S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19 - 09 - 2018 3 ITA NO . 586/KOL/2017 PRATEEK NIKETAN PVT. LTD. 1. THE APPELLANT/ ASSESSEE: M/S. PRATEEK NIKETAN PV T. LTD. 33/1 N.S.ROAD, 1 ST FLOOR, KOLKATA - 700 001. 2 . THE RESPONDENT/ DEPARTMENT : THE I.T.O, WARD 5(2) , AAYKAR BHAVAN, P - 7 CHOWRINGHEE SQUARE, KOLKATA - 69. 3. CIT 4. CIT(A) , 2 , KOLKATA 5. THE DEPARTMENTAL REPRESENTATIVE 6. GUARD FILE TRUE COPY BY ORDER SR.PS/H.O.O ITAT KOLKATA * PRADIP SPS COPY OF THE ORDER FORWARDED TO: -