Saffron Vincom Private Ltd., Kolkata V. ITO, Ward 3(2), Kolkata, Kolkata

ITA 648/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0788 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 05-04-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Assessee Lawyers: B CHOWDHURY DIRECTOR
• Section: 14A; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [BEFORE HONBLE SHRI A T VARKEY, JM, & SHRI M.BAL AGANESH, AM] I.T.A NO. 648/KOL/201 7 ASSESSMENT YEAR : 2012-1 3 SAFFRON VINCOM PVT. LTD. -VS- ITO, WARD-3(2) , KOLKATA [PAN: AALCS 9117 L ] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI B. CHOWDHURY, DIRECTOR FOR THE RESPONDENT : SHRI SAURABH KUMAR, ADDL . CIT SR. DR DATE OF HEARING : 29.11.2018 DATE OF PRONOUNCEMENT : 30.11.2018 ORDER PER M.BALAGANESH, AM 1. THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-1, KOLKATA [IN SHORT THE LD CIT(A)] IN APPEAL NO. 299/CIT(A)-I/W-3(2)/2015-16 DATED 31.01.2017 AGAIN ST THE ORDER PASSED BY ITO, WARD-3(2), KOLKATA [ IN SHORT THE LD AO] UNDER SEC TION 144 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 13.03.2015 FOR TH E ASSESSMENT YEAR 2012-13. 2. THOUGH THE ASSESSEE HAS RAISED SEVERAL GROUNDS B EFORE US, ONE OF THE GROUNDS RAISED IS WITH REGARD TO LACK OF OPPORTUNITY GRANTED TO THE A SSESSEE BY THE LD. CIT(A). WE FIND 2 ITA NO.648/KOL/2017 SAFFRON VINCOM PVT. LTD. A.YR. 2012-13 2 THAT THE LD. CIT(A) HAD PASSED AN EX PARTE ORDER D ISMISSING THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. 3. THE BRIEF FACTS OF THIS APPEAL IS THE ASSESSMENT WAS COMPLETED BY THE LD. AO U/S 144 OF THE ACT ON 13.03.2015 WHEREIN THE ADDITION TOWAR DS SHARE CAPITAL RAISED DURING THE YEAR TO THE TUNE OF RS. 2,72,26,000/-; ADDITION TOW ARDS CASH DEPOSITS IN INDUSIND BANK TO THE TUNE OF RS. 2,01,000/- AND DISALLOWANCE OF EXPE NDITURE U/S 14A OF THE ACT TO THE TUNE OF RS. 75,848/-, WERE MADE. WE FIND THAT THE ASSESSEE HAS RAISED ONE OF THE GROUNDS BEFORE US THAT THE WRITTEN SUBMISSION WAS S OUGHT TO BE FILED BY THE DIRECTOR OF THE COMPANY BEFORE THE LD. CIT(A) WHICH WAS REFUSE D BY THE LD. CIT(A) TO ACCEPT THE SAME. BEFORE US, THE DIRECTOR OF THE ASSESSEE COMPA NY SHRI B. CHOWDHURY APPEARED IN PERSON AND SOUGHT FOR AN ADJOURNMENT. BUT WE FIND F ROM THE PERUSAL OF THE GROUNDS RAISED BY THE ASSESSEE AND FROM THE FACTS AVAILABLE ON RECORD THAT THE ORDER OF THE LD. CIT(A) HAS BEEN PASSED EX PARTE WITHOUT HEARING THE ASSESSEE. HENCE WE ARE INCLINED TO REJECT THE ADJOURNMENT PETITION SOUGHT BY THE DIREC TOR OF THE ASSESSEE COMPANY AND AFTER TAKING CONSENT FROM BOTH THE PARTIES, WE DEEM IT FI T AND APPROPRIATE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, TO SET ASIDE THE APPEAL TO T HE FILE OF THE LD. CIT(A) FOR DE NOVO ADJUDICATION ON MERITS AFRESH IN ACCORDANCE WITH LA W. THE ASSESSEE IS AT LIBERTY TO FURNISH NECESSARY EVIDENCES IN SUPPORT OF ITS CONTE NTIONS BEFORE THE LD. CIT(A). ACCORDINGLY, GROUNDS RAISED BY THE ASSESSEE ARE ALL OWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 30.11. 2018 SD/- SD/- [A T VARKEY] [ M.BALAGANESH ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 30.11.2018 SB, SR. PS 3 ITA NO.648/KOL/2017 SAFFRON VINCOM PVT. LTD. A.YR. 2012-13 3 COPY OF THE ORDER FORWARDED TO: 1. SAFFRON VINCOM PVT. LTD., P-41, PRINCEP STREET, (3 RD FLOOR), ROOM-301, KOLKATA- 700072. 2. ITO, WARD-3(2), KOLKATA, P-7, CHOWIRNGHEE SQUARE , KOLKATA-700069. 3. C.I.T(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSIST ANT REGISTRAR ITAT, KOLKA TA BENCHES