M/s Everlike Mercandise Pvt Ltd , Kolkata V. ITO, Ward-5(3), Kolkata

ITA 600/KOL/2021

AI Insights

M/s. Everlike Mercandise Pvt. Limited appealed against the order of the Commissioner of Income Tax (Appeals)-13, Kolkata, which was passed on 16.01.2020 for the Assessment Year 2012-2013. The appeal was dismissed by the Income Tax Appellate Tribunal, Kolkata, due to being filed 45 days late without a satisfactory explanation for the delay. The Tribunal noted that the deponent's affidavit regarding his illness did not include necessary documentation such as a power of attorney, and no representative appeared on behalf of the assessee at any stage of the proceedings.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129118 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-01-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 23-12-2021
• Laws Referred To: Income Tax Act, 1961, Income Tax (Appellate Tribunal) Rules 1963
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Additional evidence; Set aside
• Section: 14A

Judgement Text

ITA No. 600/KOL/2021 Assessment Year: 2012-2013 M/s. Everlike Mercandise Pvt. Limited 1 IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH, KOLKATA Before Shri Rajpal Yadav, Vice-President (KZ) & Shri Girish Agrawal, Accountant Member I.T.A. No. 600/KOL/2021 Assessment Year: 2012-2013 M/s. Everlike Mercandise Pvt. Limited,.......Appellant 40/3, Strand Road, 5 th Floor, Room No.34, Kolkata-700001 [PAN: AABCE0986B] -Vs.- Income Tax Officer,...............................Respondent Ward-5(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: N o n e, appeared on behalf of the assessee Shri G. Hukugha Sema, CIT, appeared on behalf of the Revenue Date of concluding the hearing : January 02, 2023 Date of pronouncing the order : January 09, 2023 O R D E R Per Rajpal Yadav, Vice-President (KZ):- The assessee is in appeal before the Tribunal against the order of ld. Commissioner of Income Tax (Appeals)- 13, Kolkata dated 16.01.2020 passed for A.Y. 2012-13. ITA No. 600/KOL/2021 Assessment Year: 2012-2013 M/s. Everlike Mercandise Pvt. Limited 2 2. The grounds of appeal taken by the assessee read as under:- (1) For that the learned CIT (Appeals) erred in dismissing the appeal on ex parte basis without giving proper opportunity of hearing to the assessee. Thus order of the CIT (Appeals) be reversed. (2) For that the order passed by the learned CIT (Appeals) is bad in law and therefore the same be set aside. (3) For that the addition of Rs.. 3,24,65,000/- made on account of unexplained cash credit being share capital and premium u/s 68 of the Income Tax Act, 1961 this was not justified and thus the same be deleted. (4) For that the the addition of Rs. 1,06,393/- made on account of disallowance of expenses u/s 14A of the IT Act 1961 read with Rule 8D of the Income Tax Rules 1962 this was not justified and thus the same be deleted. (5) For that the Assessment order passed was in violation of principals of natural justice and hence the entire proceeding was bad in law and thus the assessment order be cancelled/ quashed. (6) For that the learned CIT (Appeals) erred in confirming the interest u/s 234 A/B/C the same was unjustified and hence the same be deleted. (7) The appellant craves leave to produce additional evidences in terms of Rule 29 of the Income Tax (Appellate Tribunal) Rules 1963. (8) The appellant craves leave to press new, additional grounds of appeal or modify, withdraw any of the above grounds at the time of hearing of the appeal. 3. The Registry has pointed out that the appeal is time- barred by 45 days. In order to explain the de lay, the assessee has file d an application and Affidavit of Shri Vikas Agarwal, C.A., son of Shri Sure sh Agarwal. In the Affidavit, it has been pleaded that he had fallen from the stairs at his residence and got bone and muscle injury. Therefore, he was advised bed rest for 4 to 6 weeks. On ITA No. 600/KOL/2021 Assessment Year: 2012-2013 M/s. Everlike Mercandise Pvt. Limited 3 account of this, he could not attend his work and this appeal become time-barred. 4. We have issued number of notices to the assessee. However, no one has come present. The deponent, i.e. Shri Vikas Agarwal has not placed on record Power of Attorney given by the assessee for prosecuting its litigation before the Tribunal. Before following such type of affidavit, he should have filed authorization. Copy of that authorization has not been filed. Therefore, this affidavit is not to be considered. More particularly, neither anyone appeared before the ld. Assessing Officer nor before the ld. CIT(Appeals). 5. On due consideration of the above, we do not find any merit in the explanation of assessee for condonation of delay. This appeal is dismissed being time-barred. 6. In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 09 January, 2023. Sd/- Sd/- (Girish Agrawal) (Rajpal Yadav) Accountant Member Vice-President (KZ) Kolkata, the 09 day of January, 2023 Copies to :(1) M/s. Everlike Mercandise Pvt. Limited, 40/3, Strand Road, 5 th Floor, Room No.34, Kolkata-700001 ITA No. 600/KOL/2021 Assessment Year: 2012-2013 M/s. Everlike Mercandise Pvt. Limited 4 (2) Income Tax Officer, Ward-5(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals)-13, Kolkata; (4) Commissioner of Income Tax- ; (5) The Departmental Representative (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.