Shree Ram Jewels Pvt. Ltd., Kolkata V. D.C.I.T.,Circle-5(1), Kolkata

ITA 735/KOL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2792 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 10-04-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANKAR HALDER
• Section: 144

Judgement Text

SHREE RAM JEWELS PVT. LTD. I.T.A NO.735/KOL/2019 PAGE | 1 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA BEFORE: SHRI P. M. JAGTAP, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A NO.735/KOL/2019 (ASSESSMENT YEAR: 2015-16) SHREE RAM JEWELS PVT. LTD. APPELLANT [PAN: AALCS 6818 A] VS DCIT, CIRCLE-5(1), KOLKATA RESPONDENT FOR THE APPELLANT : SHRI SOUMITRA CHOUDHURY, ADVOCATE FOR THE RESPONDENT : SHRI SANKAR HALDER, SR. DR, JCIT DATE OF HEARING : 12.04.2019 DATE OF PRONOUNCEMENT : 12.06.2019 ORDER SHRI S.S. VISWANETHRA RAVI, JM: THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 06.03.2019 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLKATA [CIT(A)] FOR ASSESSMENT YEAR 2015-16 WHEREIN HE CONFIRMED THE ORDER OF ASSESSING OFFICER EX PARTE OF ASSESSEE. 2. HEARD BOTH PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE CONTENTION OF LD. AR IS THAT THE CIT(A) SENT NOTICES TO INSUFFICIENT ADDRESS AND THEREBY NO OPPORTUNITY FOR ASSESSEE TO COMPLY NOTICES ISSUED BY THE CIT(A). FURTHER, HE SUBMITS THAT THE ASSESSING OFFICER MADE ADDITION ON ESTIMATION BASIS U/S 144 OF THE ACT. THE ASSESSEE IS READY TO PRODUCE ALL RELEVANT DETAILS BEFORE THE ASSESSING OFFICER AND PRAYED TO REMAND THE MATTER TO THE FILE OF ASSESSING OFFICER. IT IS NOTED THAT THE ASSESSING OFFICER MADE ASSESSMENT U/S 144 OF THE ACT AND THERE WAS NO OPPORTUNITY FOR THE ASSESSEE IN THE FIRST APPELLATE PROCEEDINGS. THEREFORE, IN THE INTEREST SHREE RAM JEWELS PVT. LTD. I.T.A NO.735/KOL/2019 PAGE | 2 OF JUSTICE AND IN THE FACTS AND CIRCUMSTANCES OF THE CASE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF ASSESSING OFFICER SUBJECT TO PAYMENT OF COSTS OF RS.5,000/- PAYABLE TO THE PRIME MINISTER RELIEF FUND BY THE ASSESSEE. THE ASSESSING OFFICER SHALL SATISFY HIMSELF THE PAYMENT OF SUCH COSTS BY THE ASSESSEE AND PROCEED TO COMPLETE THE ASSESSMENT. THE ASSESSEE IS AT LIBERTY TO FILE EVIDENCES, IF ANY, TO SUBSTANTIATE ITS CLAIM AND SHALL COOPERATE IN THE ASSESSMENT PROCEEDINGS FOR SPEEDY DISPOSAL. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12.06.2019. SD/- SD/- [P. M. JAGTAP] [S.S. VISWANETHRA RAVI] VICE PRESIDENT JUDICIAL MEMBER DATED : 12.06.2019 PLACE : KOLKATA RS, SR.PS COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT SHREE RAM JEWELS PVT. LTD., BLOCK-B, 2 ND FLOOR, ROOM NO.10, 9/12, LAL BAZAR STREET, KOL-1. 2 RESPONDENT DCIT, CIRCLE-5(1), KOLKATA 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA //TRUE COPY// BY ORDER, ASSISTANT REGISTRAR, ITAT, KOLKATA