Interland Sales Pvt. Ltd., Kolkata V. ITO, Ward 2(1), Kolkata, Kolkata

ITA 732/KOL/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8905 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 13-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Section: 143(3); 68

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO.732/KOL/2017 ASSESSMENT YEAR:2012-13 INTERLAND SALES PVT. LTD. 85, METCALFE STREET, 3 RD FLOOR, KOLKATA-700013 [ PAN NO.AACCI 2464 H ] / V/S . ITO WARD-2(1), AAYAKAR BHAWAN, AAYAKAR BHWAN, KOLKATA-69 /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI G.MALLIKARJUNA, CIT-DR /DATE OF HEARING 03-12-2018 /DATE OF PRONOUNCEMENT 26-12-2018 /O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-1, KOLKATAS O RDER DATED 06.10.2016 PASSED IN CASE NO.1406/CIT(A)-1/WD-2(1)/2015-16 IN PROCEED INGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHES T. THE REGISTRY HAS ALREADY SENT THE ASSESSEE AN RPAD NOTICE DATED 30.10.2018 F OR TODAYS HEARING. WE THEREFORE PROCEED EX PARTE AGAINST THE ASSESSEE. TH E CASE IS NOW TAKEN UP FOR ADJUDICATION. ITA NO.732/KOL/2017 A.Y. 20 12-13 INTERLAND SALES PVT. LTD. VS. ITO WDD-2( 1), KOL. PAGE 2 2. IT IS NOTICED AT THE OUTSET THAT CIT(A) HAS DISM ISSED ASSESSEES APPEAL MAINLY ON ACCOUNT OF ITS NON APPEARANCE IN THE COURSE OF LOWER APPELLATE PROCEEDINGS. HE HAS CONFIRMED ASSESSING OFFICERS ACTION TREATING I TS SHARE CAPITAL / PREMIUM OF 6,38,50,000/- TO BE BOGUS AND UNEXPLAINED U/S 68 OF THE ACT. LEARNED CIT DR FAILS TO DISPUTE THREE CLINCHING FACTS EMERGING FROM THE INSTANT CASE FILE. FIRST ONE IS THAT THE CIT(A)S ORDER IS TOTALLY SILENT AS TO WHETHER ASSE SSEE HAD BEEN ACTUALLY SERVED THE RELEVANT HEARING NOTICE OR NOT. IT THEN TRANSPIRES THAT THE ASSESSEES ADDRESS HAS REMAINED SAME THROUGHOUT RIGHT FROM ASSESSMENT TILL INSTANT SECOND APPEAL PROCEEDINGS. WE FURTHER FIND THAT THE CIT(A) HAS NO T ADJUDICATED MERITS OF THE ISSUE AT ALL AS CONTEMPLATED U/S. 250(6) OF THE ACT. WE THER EFORE DEEM IT APPROPRIATE THAT THE CIT(A) NEEDS TO RE-ADJUDICATE THE ENTIRE ISSUE AFRE SH AS PER LAW. HE SHALL ENSURE THAT THE ASSESSEE IS ACTUALLY SERVED THE RELEVANT HEARIN G NOTICE IN CONSEQUENTIAL PROCEEDINGS. 3. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTIC AL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 26/12/2018 SD/- SD/- ( &) (( &) (J.SUDHAKAR REDDY) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER *DKP-SR.PS ) - 26/12/2018 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-INTERLAND SALES PVT. LTD., 85, METCALFE ST, 3 RD FL,KOLKATA-12 2. /RESPONDENT-ITO WARD-2(1), AAYAKAR BHAWAN, AAYAKAR BHAWAN, KOL-69 3. , - / CONCERNED CIT 4. - - / CIT (A) 5. . ((, , , /DR, ITAT, KOLKATA 6. 2 / GUARD FILE. BY ORD ER/ , /TRUE COPY/ / ,,