Janpack Suppliers Pvt. Ltd., Kolkata V. I.T.O., Ward - 9(3), Kolkata, Kolkata

ITA 701/KOL/2022

AI Insights

The case involves Janpack Suppliers Pvt. Ltd., the appellant, contesting an order from the Commissioner of Income-tax (Appeals), which confirmed additions and disallowances made by the assessing officer. The primary issue was the treatment of an increase in share capital and premium amounting to Rs. 1,60,00,000 as undisclosed income under section 68 of the Income Tax Act. The appellant argued that the CIT(A) passed an ex-parte order without sufficient opportunity to be heard. The Tribunal found merit in the appellant's request for another opportunity to present its case and thus remanded the matter back to the CIT(A) for a fresh examination.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 122985 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Next Hearing Date: 26-07-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 07-12-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Opportunity of being heard
• Section: 68; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “B”, KOLKATA [Before Shri Rajesh Kumar, Accountant Member & Shri Sonjoy Sarma, Judicial Member] I.T.A. No. 701/Kol/2022 Assessment Year : 2012-13 Janpack Suppliers Pvt. Ltd. PAN: AACCJ 5172 H Vs. ITO, Ward-9(3), Kolkata Appellant Respondent Date of Hearing 27.07.2023 Date of Pronouncement 09.08.2023 For the Assessee Shri Miraj D. Shah, AR For the Revenue Shri P.P. Barman, Addl. CIT, Sr. DR ORDER Per Sonjoy Sarma, JM: This appeal of the assessee for the assessment year 2015-16 is directed against the order dated 12.10.2022 passed by the ld. Commissioner of Income-tax, Appeals, NFAC, Delhi [hereinafter referred to as ‘the ‘ld. CIT(A)’]. The assessee has raised the following grounds of appeal: “i. That the order passed u/s 250 of the ld. CIT(Appeals) confirming the additions and disallowances made by learned assessing officer is contrary to the law and facts of the case. ii. That the ld. CIT(Appeals) erred in law as well as in facts of the case by confirming the addition made by the ld. AO who treated the increase in share capital and premium amounting to Rs. 1,60,00,000/- as undisclosed income u/s 68 of the I.T. Act. iii. That the appellant craves leave to add/or amend any ground of this appeal.” 2. Though the assessee has raised several grounds of appeal by contesting various disallowances and addition made by AO and subsequently sustained by ld. CIT(A) in his order, the ld. counsel for the assessee stated that the ld. CIT(A) has passed an ex-parte order 2 ITA No. 701/Kol/2022 AY: 2012-13 Janpack Suppliers Pvt. Ltd. without granting sufficient opportunity of being heard by dismissing the appeal filed by the assessee. 3. On perusal of the impugned order, we find that the ld. CIT(A) has allowed several opportunities however the assessee did not avail the same. The ld. AR before us prayed that on the last date of hearing a request moved for granting adjournment however the ld. CIT(A) passed the ex-parte order. Therefore, the ld. AR had requested before the bench that one more opportunity be given to the assessee before ld. CIT(A) to present its case on merits by setting aside the appeal to the file of ld. CIT(A). 4. We after hearing the rival submission and perusal of the material available on record, we find that this is a fit case for remanding the appeal to the ld. CIT(A) to give one more opportunity to assessee and we also direct the assessee to cooperate for expeditious disposal of the matter before ld. CIT(A) by not seeking any further adjournment except due to exceptional or unavoidable circumstances. In view of the above discussion, the various grounds raised by the assessee on merits are left open and we remand back the whole issue to the file of ld. CIT(A) for de novo adjudication. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 09.08.2023. Sd/- Sd/- (Rajesh Kumar) (Sonjoy Sarma) Accountant Member Judicial Member Dated: 09.08.2023 Biswajit, Sr. PS 3 ITA No. 701/Kol/2022 AY: 2012-13 Janpack Suppliers Pvt. Ltd. Copy of the order forwarded to: 1. Appellant- East Beaberi, P.O. Gopalpur, Narayanpur, North Paraganas, Kolkata-700136. 2. Respondent – ITO, Ward-9(3), Kolkata. 3. Ld. CIT 4. Ld. CIT(A) 5. Ld. DR True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata