Risorgimento Industrial Co. Ltd, Kolkata V. ITO, Ward-4(1), Kolkata

ITA 88/KOL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7031 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 09-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause
• Section: 143(3); 14A; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA Before SRI MANISH BORAD, ACCOUNTANT MEMBER & SRI SONJOY SARMA, JUDICIAL MEMBER I.T.A. No.: 88/Kol/2021 Assessment Years: 2014-15 Risorgimento Industrial Co. Ltd...............................Appellant [PAN: AABCR 4382 A] Vs. ITO, Ward-4(1), Kolkata........................................Respondent Appearances by: Sh. S.P. Dutta, A/R, appeared on behalf of the Assessee. Sh. Kausik K. Das, Sr. D/R, appeared on behalf of the Revenue. Date of concluding the hearing : June 9 th , 2022 Date of pronouncing the order : June 15 th , 2022 ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2014-15 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax (Appeals)-2, Kolkata [in short ld. “CIT(A)”] dated 20.02.2019 arising out of the assessment order framed u/s 143(3) of the Act dated 24.12.2016. 2. Registry has informed that the present appeal is time barred by 1471 days. On going through the affidavit filed by the assessee stating the reasons for the said delay, we find that the appellate I.T.A. No.: 88/Kol/2021 Assessment Years: 2014-15 Risorgimento Industrial Co. Ltd. Page 2 of 3 order was not served upon the assessee either by post or by e-mail. After filing letter to the concerned CIT(A), a certified copy of the appellate order was issued to the assessee on February, 2021. Thereafter, immediately the assessee filed appeal before this Tribunal. We find sufficient force and reasonable cause for such delay and thus, condone the delay of 1471 days and admit the appeal for adjudication on merit. 3. A perusal of Form-36 filed by the assessee, Form-35 filed by the assessee before the ld. CIT(A) reveals that two additions have been made by the ld. Assessing Officer (in short ld. “AO”) in the assessment order dated 24.12.2016 u/s 143(3) of the Act, firstly, disallowance u/s 14A of the Act at Rs. 4,75,649/- and secondly, u/s 56(2)(viia) of the Act at Rs. 3,28,125/-. Both these additions were confirmed by ld. CIT(A) and the assessee has challenged the same before this Tribunal. However, on perusal of the impugned order it is revealed that it is an ex-parte order and ld. CIT(A) has not dealt with the merits of the case and dismissed the appeal of the assessee in limine. 4. Ld. D/R had no objection if the issues raised in the instant appeal to the file of ld. CIT(A) for afresh adjudication. 5. We, therefore, after hearing ld. D/R and perusing the records placed before us, in the interest of justice, deem fit to restore the two issues i.e. addition u/s 14A of the Act at Rs. 4,75,649/- and addition u/s 56(2)(viia) of the Act at Rs. 3,28,125/- for de-novo adjudication to ld. CIT(A). The assessee is directed to remain vigilant and file necessary documents, if considered, in support of I.T.A. No.: 88/Kol/2021 Assessment Years: 2014-15 Risorgimento Industrial Co. Ltd. Page 3 of 3 its grounds of appeal and should not take adjournment, unless otherwise required for reasonable cause. In case after providing sufficient opportunity to the assessee, there is no compliance before the ld. CIT(A), then ld. CIT(A) can pass the speaking order in accordance with law. 6. In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 15 th June, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 15.06.2022 Bidhan (P.S.) Copy of the order forwarded to: 1. Risorgimento Industrial Co. Ltd., 8, Ganesh Chandra Avenue, 1 st Floor, Kolkata-700 013. 2. ITO, Ward-4(1), Kolkata. 3. CIT(A)-2, Kolkata. 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. True copy By order Assistant Registrar ITAT, Kolkata Benches Kolkata