DCIT, Circle - 3(1), Kolkata , Kolkata V. M/s. R. Piyarelall Import & Export Ltd., Kolkata

ITA 721/KOL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4605 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Department
• Order Result: PartlyAllowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 16-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 144; 143(3); 14A; 22

Judgement Text

1. ITA No. 721/Kol/2018 AY 2012-13 R.Piiyarelall Import & Export Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL BENCH “B” KOLKATA Before: Shri Manish Borad, Accountant Member, and Shri Sonjoy Sarma, Judicial Member आयकर अपील सं.य/ ITA No. 721/Kol/2018 Assessment Year:2012-13 DCIT, Cir-3(1), Kolkata P-7 Chowringhee Square, Aaykar Bhawan, 4 t h Fl., Room No. 19, Kolkata- 69. बनाम V/s. M/s. R. Piyarelall Import & Export Limited.Regent House, 12 Government Place (East), Kolkata-700 069. PAN: AABCR2695G अपीलाथ /Appellant .. यथ /Respondent अपीलाथ क ओर से/By Appellant None यथ क ओर से/By Respondent Shri Sudipta Guha,Ld.CIT/DR स ु नवाई क तार ख/Date of Hearing 14-06-2022 घोषणा क तार ख/ Date of Pronouncement 22-06 -2022 आदेश /O R D E R Per Sonjoy Sarma, JM : The present appeal has been preferred by the department against the order dated 28-12-2017 passed by the of ld. Commissioner of Income-tax (Appeals), [in short, the ld. CIT(A)]-1, Kolkata, which in turn arises out of assessment order passed u/s. 144 of the Income-tax Act, 1961 ( in short, the ‘Act’) by JCIT, Range-3, Kolkata on 30-03-2015 for the A.Y under consideration. 2. Since this appeal has been filed by the department and time to time the registry issued notices to the assessee respondent. However, none 2. ITA No. 721/Kol/2018 AY 2012-13 R.Piiyarelall Import & Export Ltd. appeared on behalf of the assessee. As such we have no other option but to decide the appeal ex parte the assessee. 3. At the time of hearing the registry has informed that the present appeal is time barred by 35 days. The Ld. DR prayed for condonation of the delay by submitting the affidavit which is placed on record. We after perusing the affidavit as well as material available on record we find that merit in the contention of the affidavit given by the Ld. DR and keeping the larger interest of justice, we condone the delay and admit the appeal for adjudication. 4. The department has raised the following grounds of appeal:- 01. Whether on the facts and in the circumstances of the cases and in law, the Ld. CIT(A) was justified in deleting the addition of Rs. 161,80,07,934/- and directing the AO to adopt the estimated gross profit rate @ 5.89%. 02. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting disallowances of Rs. 437693/- u/s 14A of the Act ? 03. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting addition of Rs. 50,00.000/- on account of bogus unsecured loans? 04. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting disallowance of bogus purchase of Rs.64874000/-? 05. That it is prayed to set aside the order passed by the Ld. CIT(A)-l and restore the assessment order passed by the Assessing Officer in this case. 06. Department craves leave to add, alter, or modify any ground of appeal during the course of hearing. 5. At the outset, Shri Sudipta Guha,Ld.CIT/DR submitted before us that certain issues, which were decided by the Ld. CIT(A without calling the remand report from the Ld. AO and the Ld. CIT(A) decided the appeal of assessee without considering the same. Therefore, to arrive at a right conclusion, the Bench called for remand report from the department. In response to which, a copy of letter no. DCIT,Cir-(1)/Kol/Misc./2022-23/75 dt. 3. ITA No. 721/Kol/2018 AY 2012-13 R.Piiyarelall Import & Export Ltd. 12-05-2022 issued by the Department duly signed by DCIT,Cir-1(1), Kolkata submitted a letter. Relevant portion of the said letter reads as under:- “However, the undersigned have deputed departmental Inspector (ITI) to enquire about the concerned remand report as asked for from the office of the Ld. CIT(A), Unit-1, Kolkata as well as to obtain all the necessary copies of documents for re- construction of record. The Inspector's report (copy enclosed) has been perused and kept on record. The relevant copy of order/ note sheet of the concerned file maintained at the office of the Ld. ClT(A), Unit-1, Kolkata as obtained by the ITI is also enclosed for your kind perusal. It has been reported that there is no letter issued asking remand report from the office of the then Ld. CIT(A)-1, Kolkata neither they have received any remand report w.r.t. order passed u/s.144 r.w.s. 143(3) of the LT. Act,1961 dated 30.03.2015 by the JCIT, Range-3, Kolkata.” 6. We, after hearing the Ld. DR and going through the above material, are satisfied that there is no letter issued asking remand report from the Office of the then Ld. CIT(A)-1, Kolkata, neither they have received any remand report w.r.t order passed u/s. 144 r.w.s 143(3) of the I.T Act, 1961 dated 30.03.2015 by the Ld. JCIT, Range-3, Kolkata. Therefore, it is necessary to examine the issues raised by the department in the instant appeal by the Ld. CIT(A) in a detail manner. After calling for remand report from the ld. AO the Ld. CIT(A) will decide the issue(s) afresh raised in the instant appeal. He shall pass a reasoned order after issuing notices to both the parties as per law giving reasonable opportunity of being heard. Grounds raised by the department are allowed for statistical purpose. 4. ITA No. 721/Kol/2018 AY 2012-13 R.Piiyarelall Import & Export Ltd. 7. In the result, the appeal of the department is allowed for statistical purpose. The order pronounced in the open Court on 22 -06-2022 Sd/- Sd/- (MANISH BORAD) (SANJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER दनांक /Dated :22-06-2022 **PP/SPS आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1.अपीलाथ /Appellant/Department: DCIT, Cir-3(1), Kolkata P-7 Chowringhee Square, Aaykar Bhawan, 4 t h Fl., Room No. 19, Kolkata-69. 2. यथ /Respondent/Revenue: M/s. R. Piyarelall Import & Export Limited.Regent House, 12 Government Place (East), Kolkata- 700 069. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त- अपील / CIT (A) 5. वभागीय त न ध, आयकर अपील य अ धकरण कोलकाता / DR, ITAT, Kolkata 6. गाड फाइल / Guard file. /True Copy By order/आदेश से, Assistant Registrar / Senior Private Secretary ITAT, Kolkata