M/s. Rangotsav Sarees (P) Ltd., Kolkata V. DCIT, Circle-8, Kolkata, Kolkata

ITA 593/KOL/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1632 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 27-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Application of stay
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI P.M. JAGTP, AM AND SHRI A.T. VARKEY, JM S.A NO. 47/KOL/2017 (ARISING OUT OF ITA NO. 593/K/2017, ASSESSMENT YEAR:2011-12 M/S. RANGOTSAV SAREES (P) LTD. 111, PARK STREET, KOLKATA - 700016 VS. DCIT CIRCLE - 8 AAYAKAR BHAWAN, 5 TH FLOOR, P-7, CHOWRINGHEE SQUARE KOLKATA - 700069 PAN : AABCR8164N APPLLICANT .. RESPONDENT ITA NO. 593/KOL/2017 ASSESSMENT YEAR:2011-12 M/S. RANGOTSAV SAREES (P) LTD. 111, PARK STREET, KOLKATA - 700016 VS. DCIT CIRCLE - 8 AAYAKAR BHAWAN, 5 TH FLOOR, P-7, CHOWRINGHEE SQUARE KOLKATA - 700069 PAN : AABCR8164N APPELLANT .. RESPONDENT APPLICANT BY : SHRI. SUBASH AGARWAL, ADVOCATE RESPONDENT BY : SHRI SALLONG YADEN, ADDL. CIT DATE OF HEARING : 26.05 .201 7 DATE OF PRONOUNCEMENT : 08.06.2017 O R D E R PER P.M. JAGTAP, ACCOUNTANT MEMBER: BY THIS APPLICATION, THE ASSESSEE IS SEEKING STAY OF OUTSTANDING DEMAND OF RS. 1,31,57,590/- FOR A.Y. 2011-12. 2 S.A NO.47/KOL/2017 (A.Y. 2011-12) RANGOTSAV SAREES (P) LTD. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THE ASSESSMENT IN THE CASE OF THE ASSESSEE FOR A.Y. 2011-12 WAS COMPLETED BY THE A.O. UNDER SECTION 143(3) VIDE AN ORDER DATED 27.03.2014 DETERMINING THE TOTAL INCOME OF THE ASSESSEE AT RS. 3,25,35,200/- WHICH GAVE RISE TO THE IMPUGNED OUTSTANDING DEMAND. AGAINST THE SAID ORDER OF THE A.O., AN APPEAL WAS FILED BY THE ASSESSEE BEFORE THE LD. CIT(A) AND SINCE THERE WAS NO COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(A) DISMISSED THE SAID APPEAL VIDE HIS APPELLATE ORDER DATED 12.01.2017 PASSED EX-PARTE. AS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE AT THE TIME OF HEARING BEFORE US, ALTHOUGH THE APPEAL FILED BY THE ASSESSEE BEFORE THE LD. CIT(A) WAS FIXED FOR HEARING BY HIM ON 24.05.2016, 26.03.2016 AND 30.11.2016, THE ASSESSEE COULD NOT ATTEND THE SAID HEARING AS HIS UNCLE SHRI R. AGARWAL WAS CRITICALLY ILL DURING THE RELEVANT PERIOD DUE TO WHICH HE FINALLY EXPIRED ON 29.12.2016. KEEPING IN VIEW THIS SUBMISSION MADE BY THE LEARNED COUNSEL OF THE ASSESSEE WHICH IS DULY SUPPORTED BY AN AFFIDAVIT FILED BY THE DIRECTOR OF THE ASSESSEE-COMPANY, WE ARE SATISFIED THAT THERE WAS SUFFICIENT CAUSE FOR THE NON-APPEARANCE OF THE ASSESSEE BEFORE THE LEARNED CIT(A) WHEN ITS APPEAL WAS FIXED FOR HEARING. EVEN THE LEARNED DR HAS NOT BEEN ABLE TO REBUT OR CONTROVERT THIS POSITION. THE LEARNED REPRESENTATIVE OF BOTH THE SIDES HAVE ALSO AGREED THAT EVEN THE APPEAL OF THE ASSESSEE FILED BEFORE THE TRIBUNAL AGAINST THE EX-PARTE ORDER PASSED BY THE LD. CIT(A) CAN BE DISPOSED OFF AND THE MATTER MAY BE REMITTED BACK TO THE LD. CIT(A) FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD OF THE ASSESSEE. ACCORDINGLY, THE APPEAL OF THE ASSESSEE BEING ITA NO. 539/KOL/2017 HAS BEEN TAKEN UP BY US FOR HEARING AND KEEPING IN VIEW THE 3 S.A NO.47/KOL/2017 (A.Y. 2011-12) RANGOTSAV SAREES (P) LTD. STATEMENT MADE BY THE LEARNED REPRESENTATIVE OF BOTH THE SIDES, THE ORDER OF THE LD. CIT(A) 18, KOLKATA DATED 12.01.2017 IMPUGNED THEREIN IS SET ASIDE AND THE MATTER IS REMITTED BACK WITH THE DIRECTION TO THE LD. CIT(A) TO DISPOSE OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD. THE APPEAL OF THE ASSESSEE IS ACCORDINGLY TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 3. KEEPING IN VIEW, THE DECISION RENDERED BY US ABOVE DISPOSING OF THE CORRESPONDING APPEAL OF THE ASSESSEE BEING ITA NO. 593/KOL/2017, THE STAY APPLICATION FILED BY THE ASSESSEE HAD BECOME IN-FRUCTUOUS AND THE SAME IS ACCORDINGLY DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED WHILE THE STAY APPLICATION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JUNE, 2017 SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDIDCIAL MEMBER ACCOUNTANT MEMBER DATED: 08/06/2017 4 S.A NO.47/KOL/2017 (A.Y. 2011-12) RANGOTSAV SAREES (P) LTD. COPY OF ORDER FORWARDED TO: 1 M/S. RANGOTSAV SAREES (P) LTD. 111, PARK STREET, KOLKATA - 700016 2 DCIT CIRCLE - 8 3 THE CIT(A), 4 THE CIT 5 DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA