M/s. Arthodock Vinimay Pvt. Ltd., Kolkata V. ITO, Ward 1(1), Kolkata, Kolkata

ITA 871/KOL/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8467 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 27-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Assessee Lawyers: SHIR MUKESH TIWARI ACCOUNTANT
• Keywords: Unexplained cash credit
• Section: 143(3); 14A; 144

Judgement Text

, A , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI, M. BALAGANESH, ACCOUNTANT MEMBER ITA NO. 870 - 871 / KOL / 20 17 ASSESSMENT YEARS :2012-13 & 2013-14 M/S ARTHODOCK VINIMAY PVT. LTD., 35, CHITTARANJAN AVENUE, KOLKATA-700 012 [ PAN NO.AACCA 1565 F ] V/S . INCOME TAX OFFICER, WARD-1(1), AAYAKAR BHAWAN, P-7, CHOWRNGHEE SQUARE, KOLKATA-700 069 /APPELLANT .. / RESPONDENT /BY ASSESSEE SHIR MUKESH TIWARI, ACCOUNTANT /BY REVENUE SHRI A.K. NAYAK, CIT-DR /DATE OF HEARING 26-12-2018 /DATE OF PRONOUNCEMENT 31-12-2018 / O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THESE TWO ASSESSEES APPEALS FOR ASSESSMENT YEARS 2 012-13 & 2013- 14 ARISE AGAINST THE COMMISSIONER OF INCOME TAX (AP PEALS)-9 KOLKATAS SEPARATE ORDERS; BOTH DATED 28.02.2017 PASED IN CAS E NO.230-231/CIT(A)- 9/WD-1(1)/2016-17/KOL UPHOLDING ASSESSING OFFICERS IDENTICAL ACTION IN TREATING ITS SHARE CAPITAL / PREMIUM AMOUNTS OF 10,48,85,000/- AND 34,48,89,000/- AS UNEXPLAINED CASH CREDITS AS WELL AS INVOKING U/S 14A R.W.S. 8D DISALLOWANCE(S) OF 94,846/- AND 36,28,679/-, INVOLVING PROCEEDINGS U/S 144 R.W.S.143(3) AND U/S 143(3) OF THE INCOME TAX A CT, 1961; IN SHORT THE ACT; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. IT IS NOTICED AT THE OUTSET THAT THE CIT(A) HAS PASSED HIS BOTH LOWER APPELLATE ORDERS EX PARTE WHILST AFFIRMING ASSESSING OFFICERS ACTION IN TRE ATING ITA NO.870-871/KOL/2017 AYS 12-13 & 1 3-14 M/S ARTHODOCK VINIMAY PVT. LTD. VS. ITO WD -1(1), KOL. PAGE 2 THE ASSESSEES SHARE CAPITAL AMOUNTS (SUPRA) TO BE UNEXPLAINED CASH CREDITS FOLLOWED BY SEC. 14A R.W.S 8D DISALLOWANCE(S). THE CIT(A)S IDENTICAL FINDINGS READ THAT HE HAD ISSUED LOWER APPEAL HEARING NOTICE S TO THE ASSESSEE AT THE GIVEN ADDRESSES FOR 02.11.2016 AND 21.12.2016 AND 0 8.02.2017 WHICH FAILED TO EVOKE ANY RESPONSE FROM TAXPAYERS SIDE. THIS IS WHAT HAS RESULTED IN CONFIRMATION OF BOTH THE ADDITION(S) IN THE TWO IMP UGNED ASSESSMENT YEARS. A COMBINE PERUSAL OF THESE CASE FILES REVEALS THAT CI T(A) HAS PASSED HIS LOWER APPELLATE ORDERS PRESUMABLY ON MERITS WITHOUT DEALI NG WITH EVEN BASIC FACTS PERTAINING TO THE TWO ISSUES FOLLOWED BY A DETAILED ADJUDICATION U/S 250(6) OF THE ACT. HE HAS RESORTED TO VERY MUCH CRYPTIC FINDI NGS IN CONFIRMING BOTH THE ADDITION(S). WE THEREFORE DEEM IT APPROPRIATE THAT LARGER INTEREST OF JUSTICE WOULD BE MET IN CASE THE CIT(A) RE-DECIDES THE TWO APPEALS ON MERITS AS PER LAW AFTER AFFORDING ADEQUATE OPPORTUNITY OF HEARING . WE ORDER ACCORDINGLY. 3. THESE TWO ASSESSEES APPEALS ARE ALLOWED FOR STA TISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT 31 /12/2018 SD/- SD/- ( ) (( ) (M.BALAGANESH) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, *DKP, SR.P.S )- 31 / 12 /201 8 / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE-M/S ARTHODOCK VINIMAY PVT.LTD. 35, CHITTA RANJAN AVENUE, KOL-12 2. /REVENUE-ITO, WARD-1(1), AAYAKA BHAWAN, P-7, CHOWRI NGHEE SQUARE, KOL-69 3. 4 5 / CONCERNED CIT KOLKATA 4. 5- / CIT (A) KOLKATA 5. 8 ((4, 4, / DR, ITAT, KOLKATA 6. = / GUARD FILE. BY ORDER/ , /TRUE COPY/ / 4,