Puskar Realcon Pvt. Ltd., , Kolkata V. ITO, Ward - 3(1), Kolkata , Kolkata

ITA 907/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5424 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 04-05-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S HALDER
• Section: 68; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, KOLKATA BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 907/KOL/2018 ASSESSMENT YEAR: 2012-13 PUSKAR REALCON PVT. LTD........................................APPELLANT [PAN :AAECP 5262A] ITO, WARD-3(1), KOLKATA......................................................................RESPONDENT APPEARANCES BY: NONE SHRI S. HALDER, DR, APPEARING ON BEHALF OF THE RESPONDENT. DATE OF CONCLUDING THE HEARING : JANUARY 16 TH , 2019 DATE OF PRONOUNCING THE ORDER : FEBRUARY 1 ST , 2019 O R D E R PER J. SUDHAKAR REDDY :- THIS IS AN APPEAL IS FILED BY THE ASSESSEE AND IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 1, KOLKATA (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DATED 27/02/2018. 2. THE ISSUE THAT ARISES FOR OUR CONSIDERATION RELATES TO THE ADDITION OF SHARE CAPITAL AND SHARE PREMIUM U/S 68 OF THE ACT. WE FIND THAT THE ASSESSING OFFICER HAS PASSED AN ORDER U/S 144 OF THE ACT AS THE ASSESSEE, AS PER THE LD. ASSESSING OFFICER DID NOT RESPOND TO STATUTORY NOTICES. WE ALSO FIND THAT THE LD. CIT(A) HAS PASSED AN EX PARTE ORDER AND HAS NOT DISPOSED OFF THE CASE ON MERIT. HE DISMISSED THE CASE FOR NON-PROSECUTION. 3. NONE APPEARED BEFORE US DESPITE ISSUANCE OF NOTICES. THERE IS NO PETITION FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES, WE DISPOSE OFF THE CASE EX PARTE QUA THE ASSESSEE AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE. 4. WE OBSERVE THAT THE LD. CIT(A) HAS DISMISSED THE CASE FOR NON-PROSECUTION. HE HAS NOT DISPOSED OFF THE CASE ON MERITS. THIS IS NOT PERMISSIBLE UNDER LAW. 2 PUSKAR REALCON PVT. LTD I.T.A. NO. 907/KOL/2018 ASSESSMENT YEAR: 2012-13 HENCE, WE RESTORE THE MATTER TO THE FILE OF THE LD. CIT(A) FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW ON MERITS. AS THE ASSESSEE HAS NOT BEEN COOPERATING, WE LEVY A COST OF RS.10,000/- TO BE PAID TO THE PRIME MINISTERS NATIONAL RELIEF FUND BY THE ASSESSEE. THE LD. CIT(A) SHALL ENSURE THAT THE ASSESSEE PAYS THIS AMOUNT OF COST AS DIRECTED AND THEREAFTER TAKE UP THE APPEAL FOR HEARING ON MERITS. 5. THE ASSESSEE SHALL APPEAR BEFORE THE LD. CIT(A) WITHIN ONE MONTH OF RECEIPT OF THE ORDER OF THE TRIBUNAL, TAKE A NOTICE OF HEARING FROM THE LD. CIT(A) AND THEREAFTER COOPERATE IN DISPOSING OFF THE APPEAL. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 1 ST FEBRUARY, 2019. SD/- SD/- [ S.S. VISWANETHRA RAVI ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 01.02.2019 (RS, SR. PS) COPY OF THE ORDER FORWARDED TO: 1. PUSKAR REALCON PVT. LTD, 1 ST FLOOR, SUITE NO.1A, BLOCK B, MANGALAM, 24&26 HEMANTA BASU SARANI, KOL-1. 2. ITO, WARD-3(1), KOLKATA. 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES