M/s. Auto Carriage Finance (P) Ltd., , Kolkata V. ITO, Ward - 1(4), Kolkata , Kolkata

ITA 77/KOL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6105 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 12-01-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SATYAJIT MONDAL
• Assessee Lawyers: MANOJ KATARUKA
• Keywords: Opportunity of being heard
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC, KOLKATA [BEFORE SHRI P.M. JAGTAP, AM] I.T.A. NO. 77/KOL/2018 ASSESSMENT YEAR: 2011-12 M/S. AUTO CARRIAGE FINANCE (P) LTD....................................APPELLANT 40B, PRINCEP STREET, KOLKATA 700 072. [PAN: AADCA 9293 M] INCOME TAX OFFICER KOLKATA................................RESPONDENT WARD NO. 1(4), P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069. APPEARANCES BY: SHRI MANOJ KATARUKA, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI SATYAJIT MONDAL, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MAY 30, 2018 DATE OF PRONOUNCING THE ORDER : JULY 06, 2018 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT (APPEALS) 1, KOLKATA DATED 20.10.2017 PASSED EX-PARTE WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY WHICH IS ENGAGED IN THE BUSINESS OF TRADING IN VEHICLES AND COMPONENTS. THE RETURN OF INCOME OF THE YEAR UNDER CONSIDERATION WAS FILED BY IT ON 27.09.2011 DECLARING A TOTAL INCOME OF RS. 4,95,360/-. IN THE ASSESSMENT COMPLETED UNDER SECTION 143(3) VIDE AN ORDER DATED 14.03.2014, THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED BY THE A.O. AT RS. 10,20,620/- AFTER MAKING DISALLOWANCE OF RS. 4,90,664/- AND RS. 34,601/- ON ACCOUNT OF INTEREST EXPENSES AND DONATION AND SUBSCRIPTION RESPECTIVELY. 2 I.T.A. NO.77/KOL/2018 ASSESSMENT YEAR: 2011-12 M/S. AUTO CARRIAGE FINANCE (P) LTD. 3. AGAINST THE ORDER PASSED BY THE A.O. UNDER SECTION 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(A) AND SINCE THERE WAS NO COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE VIDE HIS APPELLATE ORDER DATED 20.10.2017 PASSED EX-PARTE. AGGRIEVED BY THE ORDER OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE NOTICES OF HEARING FIXED BEFORE THE LD. CIT(A) WERE SENT TO THE OLD ADDRESS OF THE ASSESSEE COMPANY AND NOT TO THE NEW ADDRESS AS GIVEN IN FORM NO 35. HE HAS CONTENDED THAT THE ASSESSEE COMPANY, THEREFORE, DID NOT RECEIVE ANY NOTICE OF HEARING SENT BY THE LD. CIT(A) WHICH RESULTED IN ITS NON-COMPLIANCE BEFORE THE LD. CIT(A). IN MY OPINION, THERE WAS THUS A SUFFICIENT CAUSE FOR THE NON-COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES BY THE LD. CIT(A) FIXING THE APPEAL OF THE ASSESSEE FOR HEARING FROM TIME TO TIME, I, THEREFORE, SET ASIDE THE IMPUGNED ORDER OF THE LD. CIT(A) PASSED EX- PARTE AND REMIT THE MATTER BACK TO HIM FOR DECIDING THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER GIVING THE ASSESSEE PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD. 3 I.T.A. NO.77/KOL/2018 ASSESSMENT YEAR: 2011-12 M/S. AUTO CARRIAGE FINANCE (P) LTD. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH JULY, 2018. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER DATED: 06/07/2018 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. AUTO CARRIAGE FINANCE (P) LTD., 40B PRINCEP STREET, KOLKATA 700 072. 2. ITO WARD 1(4), P-7, CHOWRINGHEE SQUARE, KOLKATA 700 069. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA