Onward Vanijya Pvt. Ltd., Kolkata V. I.T.O.,Ward-6(3), Kolkata

ITA 689/KOL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0203 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 07-09-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 04-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Accommodation entries

Judgement Text

आयकर अपील य अ धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA ी राजपाल यादव,उपा य (कोलकाता े ) एवं ी राजेश क ु मार, लेखा सद य के सम [Before Shri Rajpal Yadav, Vice-President (KZ)& Shri Rajesh Kumar, Accountant Member] I.T.A. No. 689/Kol/2019 Assessment Year: 2012-13 Onward Vanijya Pvt. Ltd. (PAN: AABCO 4150 D) Vs. ITO, Ward-6(3), Kolkata Appellant / (अपीलाथ!) Respondent / ("#यथ!) Date of Hearing / स ु नवाई क& 'त(थ 08.09.2022 Date of Pronouncement / आदेश उ*घोषणा क& 'त(थ 19.10.2022 For the Appellant / 'नधा/0रती क& ओर से None For the Respondent / राज व क& ओर से Shri Amal Sudhir Kamat, CIT ORDER/ आदेश Per Shri Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-2, Kolkata [hereinafter referred to as ‘ Ld. CIT(A)’] dated 19.07.2017 for the assessment year 2012-13. 2. At the time of hearing neither assessee nor its authorized representative appeared to attend the hearing nor any application seeking adjournment was filed by the assessee. Therefore we are disposing of the appeal of the assessee on merits after hearing the ld DR. 2 ITA No. 689/Kol/2019 AY: 2012-13 Onward Vanijya Pvt. Ltd. 3. After hearing the Ld. D.R. and perusing the material on record including the orders passed by the lower authorities, we note that the appeal was decided ex-parte by the ld. CIT(A) as the assessee did not appear on various dates fixed by the Ld. CIT(A) for hearing. We even note that the summons issued by the AO were not complied with during the assessment proceedings. Under these circumstances , we are of the belief that the assesse is not interested in prosecuting its appeal and is being decided on the basis of material available before us. The ld DR while referring to the assessment and appellate order, submitted that the assesse is beneficiary of accommodation entries in the form of share capital and share premium operated by shell companies. The ld. DR argued that even before the ld CIT(A) the assesse has not cooperated by attending the appeal which has resulted into ex-parte decision by ld CIT(A) on the basis of available records before him. We observe that the both the authorities below have given findings that the assesse is beneficiaries of accommodation entries from shell companies. We also observe that apparently on the basis of records before us the assesse has taken accommodation entries from various shell companies and there is no materials/evidences before us to take a contrary view on the issue. Therefore in absence of any evidences to the contrary before we are inclined to uphold the order of ld CIT(A). 4. In the result, the appeal of the assessee is dismissed. Order is pronounced in the open court on 19 th October, 2022 Sd/- Sd/- (Rajpal Yadav / राजपाल यादव) (Rajesh Kumar / राजेश क ु मार) Vice-President / उपा य Accountant Member / लेखा सद य Dated: 19 th October, 2022 SB, Sr. PS 3 ITA No. 689/Kol/2019 AY: 2012-13 Onward Vanijya Pvt. Ltd. Copy of the order forwarded to: 1. Appellant- Onward Vanijya Pvt. Ltd., C/o, S, N. Ghosh & Associates, Advocates, 2, Garstin Place, 2 nd Floor, Suite No. 203, Off Hare Street, Kolkata- 700001. 2. Respondent – ITO, Ward-6(3), Kolkata 3. Ld. CIT(A)-2, Kolkata (sent through e-mail) 4. PCIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata