M/s Lahoti Computers Private Limited , Chennai V. D.C.I.T.,Circle-10(1), Kolkata

ITA 79/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4984 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 07-10-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 20-01-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI RAY
• Keywords: Opportunity of being heard; Set aside
• Section: 143(3); 73

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (A), KOLKATA [BEFORE SHRI P.M. JAGTAP, HONBLE VICE PRESIDENT (KZ) & S. S. GODARA, HONBLE JUDICIAL MEMBER] [THROUGH VIRTUAL COURT] I.T.A. NO. 79/KOL/2020 ASSESSMENT YEAR: 2014-15 M/S. LAHOTI COMPUTERS PRIVATE LIMITED........................................................................APPELLANT NO. 7, 7 TH CROSS STREET, SHENOY NAGAR, 2 ND FLOOR, SHRIJI METROPOLIS, CHENNAI, TAMIL NADU 600 030. [PAN: AAACL 5284 C] VS DCIT, CIRCLE - 10(1), KOLKATA...........................RESPONDENT KOLKATA 700 069. APPEARANCES BY: SHRI Y. SRIDHAR, AR APPEARING ON BEHALF OF THE ASSESSEE. SHRI DHRUBAJYOTI RAY, JCIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : OCTOBER 07, 2020 DATE OF PRONOUNCING THE ORDER : OCTOBER 07, 2020 ORDER PER P.M. JAGTAP, VICE-PRESIDENT (KZ) THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS) - 4, KOLKATA DATED 26.11.2019 PASSED EX-PARTE WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY WHICH IS DEALING IN SECURITIES, MONEY LENDING, REAL ESTATE ETC. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY IT ON 15.11.2014 DECLARING TOTAL INCOME OF RS. 21,22,720/-. IN THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT, 1961 VIDE AN ORDER DATED 06.12.2016, THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED BY THE AO AT RS. 1,75,39,610/- AFTER MAKING AN ADDITION OF RS. 1,54,16,893/- ON 2 I.T.A. NO. 79/KOL/2020 M/S. LAHOTI COMPUTERS PVT. LTD. ACCOUNT OF DISALLOWANCE OF ASSESSEES CLAIM FOR LOSS OF SHARE BUSINESS BY INVOKING EXPLANATION TO SECTION 73 OF THE ACT. 3. AGAINST THE ORDER PASSED BY THE AO U/S 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(A) AND SINCE THERE WAS NO SATISFACTORY 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 26.11.2019 PASSED EX-PARTE. AGGRIEVED BY THE ORDER OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT EVEN THOUGH NONE HAD APPEARED ON BEHALF OF THE ASSESSEE-COMPANY BEFORE THE LD. CIT(A) DURING THE COURSE OF APPELLATE PROCEEDINGS, A WRITTEN SUBMISSION WAS FILED ON BEHALF OF THE ASSESSEE-COMPANY. HE HAS ALSO INVITED OUR ATTENTION TO THE COPY OF THE SAID WRITTEN SUBMISSION FILED BEFORE THE LD. CIT(A) PLACED AT PAGE NO. 91 TO 94 OF THE PAPER BOOK AND SUBMITTED THAT THE SAME WAS NOT TAKEN INTO CONSIDERATION WHILE DISMISSING THE APPEAL OF THE ASSESSEE BY THE LD. CIT(A) FOR NON- PROSECUTION VIDE HIS IMPUGNED ORDER PASSED EX-PARTE. THE LD. DR, ON THE OTHER HAND, HAS SUBMITTED THAT THE MATTER MAY BE SENT BACK TO THE LD. CIT(A) FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER TAKING INTO CONSIDERATION, THE WRITTEN SUBMISSION STATED TO BE FILED BY THE ASSESSEE BEFORE THE LD. CIT(A). THE IMPUGNED ORDER 3 I.T.A. NO. 79/KOL/2020 M/S. LAHOTI COMPUTERS PVT. LTD. PASSED BY THE LD. CIT(A) EX-PARTE DISMISSING THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION IS ACCORDINGLY SET ASIDE AND THE MATTER IS REMITTED BACK TO HIM FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT BY PASSING A WELL REASONED AND WELL DISCUSSED ORDER AFTER TAKING INTO CONSIDERATION, THE WRITTEN SUBMISSION ALREADY FILED BY THE ASSESSEE AND AFTER GIVING THE ASSESSEE ONE MORE OPPORTUNITY OF BEING HEARD. THE ASSESSEE IS ALSO DIRECTED TO MAKE DUE COMPLIANCE BEFORE THE LD. CIT(A) AND TO EXTEND ALL THE POSSIBLE COOPERATION IN ORDER TO ENABLE THE LD. CIT(A) TO DISPOSE OF THE APPEAL EXPEDITIOUSLY. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH OCTOBER, 2020. SD/- SD/- (S.S. GODARA) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT DATED: 07/10/2020 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. LAHOTI COMPUTERS PRIVATE LIMITED, NO. 7, 7 TH CROSS STREET, SHENOY NAGAR, 2 ND FLOOR, SHRIJI METROPOLIS, CHENNAI, TAMIL NADU 600 030. 2. DCIT, CIRCLE 10(1), KOLKATA. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR ITAT, KOLKATA