M/s Rudramala Commodities Pvt. Ltd., Kolkata V. I.T.O.,Ward-14(3), Kolkata

ITA 822/KOL/2019

AI Insights

This case involves an appeal by M/s Rudramala Commodities Pvt. Ltd. against the order of the Commissioner of Income Tax (Appeals)-5, Kolkata, which confirmed the addition of Rs. 43,96,00,000 to the assessee's income for the Assessment Year 2012-13. The addition was made on account of Share Capital and share premium by the Assessing Officer. The Tribunal noted the non-cooperation of the assessee in the appellate proceedings and decided the case based on the merits presented by the Departmental Representative.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127295 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 8 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 20-12-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 17-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकर अपील य अ धकरण, कोलकाता पीठ ‘‘बी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA ी राजेश क ु मार, लेखा सद य एवं ी संजय शमा या यक सद य के सम [Before Shri Rajesh Kumar, Accountant Member & Shri Sonjoy Sarma, Judicial Member] I.T.A. No. 822/Kol/2019 Assessment Year: 2012-13 M/s Rudramala Commodities Pvt. Ltd. (PAN: AAFCR 6563 H) Vs . ITO, Ward-14(3), Kolkata Appellant / (अपीलाथ ) Respondent / ( !यथ ) Date of Hearing / स ु नवाई क$ त&थ 21.12.2022 Date of Pronouncement/ आदेश उ)घोषणा क$ त&थ 17.01.2023 For the Appellant/ नधा /रती क$ ओर से None For the Respondent/ राज व क$ ओर से Shri P. P. Barman, Addl. CIT ORDER / आदेश Per Rajesh Kumar, AM: This is the appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-5, Kolkata (hereinafter referred to as the Ld. CIT(A)”] dated 03.04.2017 for the AY 2012-13. 2. In the various grounds of appeal the assessee has assailed the order passed by the ld CIT(A) upholding the order passed by the AO thereby confirming the addition of Rs. 43,96,00,000/-as made by the AO on account of Share Capital and share premium. 2 I.T.A. No. 822/Kol/2019 Assessment Year: 2012-13 M/s Rudramala Commodities Pvt. Ltd. 3. At the time of hearing when the case was called for hearing , neither the assesse not his authorized representative appeared before nor any adjournment petition was filed us. Therefore we are deciding and disposing off the appeal after hearing the ld DR and taking the merits of the case into account. 4. After hearing the Ld. D.R and perusing the facts on records, we note that the Ld. CIT(A) has decided the appeal ex-parte as the assessee could not appear on the various occasions when the Ld. CIT(A) fixed the appeal for hearing. We observe from the order sheet that the assessee has been given as many as 4 opportunities on various dates but no one turned up before the tribunal. Under these fact and circumstances we have no other way to proceed except to decide the appeal on merit with the assistance of the ld DR. The Ld. DR submitted before us tha the assesse nhas not filed any details/information either before the AO or CIT(A). Likewise the assesse is not cooperative in the hearings even before the tribunal. We have perused the order of ld CIT(A) and find that on the basis of available facts , the appeal of the assesse was correctly dismissed. Even before us there is no materials which persuade us to deviate from the conclusion reached by the first appellate authority.Therefore in absence of evidences , we are inclined to uphold the finding of Ld. CIT(A)and accordingly we dismiss the appeal of the assessee. 5. In the result, the appeal of the assessee is dismissed. Order is pronounced in the open court on 17 th January, 2023 Sd/- Sd/- (Sonjoy Sarma /संजय शमा ) (Rajesh Kumar/राजेश क ु मार) Judicial Member/ या यक सद य Accountant Member/लेखा सद य Dated: 17 th January, 2023 SB, Sr. PS 3 I.T.A. No. 822/Kol/2019 Assessment Year: 2012-13 M/s Rudramala Commodities Pvt. Ltd. Copy of the order forwarded to: 1. Appellant- M/s Rudramala Commodities Pvt. Ltd., Shri N. K. Goyal, 16, N. S. Road, 2 nd Floor, Kolkata-700001. 2. Respondent – ITO, Ward-14(3), Kolkata 3. Ld. CIT(A)-5, Kolkata (Sent through e-mail) 4. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata