Karikish Vyapaar Pvt Ltd., Kolkata V. ITO, WD-3(3), KOLKATA, Kolkata

ITA 942/KOL/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3137 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 25-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANOJ KR TIWARI
• Section: 143(3); 6

Judgement Text

I.T.A. NO. 942/KOL./2015 ASSESSMENT YEAR: 2006-2007 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 942/KOL/ 2015 ASSESSMENT YEAR: 2006-2007 KARIKISH VYAPAAR PVT. LIMITED, .................... ...................APPELLANT 8, GANESH CHANDRA AVENUE, KOLKATA-700 013 [PAN : AABCK 1139 L] -VS.- INCOME TAX OFFICER,................................ ......................RESPONDENT WARD-3(3), KOLKATA APPEARANCES BY: SHRI MANOJ KR. TIWARI, FCA, FOR THE ASSESSEE SMT. SARBARI MUKHERJEE, JCIT, SR. D.R., FOR THE DEP ARTMENT DATE OF CONCLUDING THE HEARING : JANUARY 04, 2016 DATE OF PRONOUNCING THE ORDER : FEBRUARY 10, 2016 O R D E R THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST TH E ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-I, KOLKATA DAT ED 08.10.2014 FOR THE ASSESSMENT YEAR 2006-07. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INVESTMEN T AND TRADING COMPANY. THE RETURN OF INCOME FOR THE YEAR UNDER CO NSIDERATION WAS FILED BY IT ON 04.11.2006 DECLARING TOTAL INCOME OF RS.2, 18,010/-. IN THE ASSESSMENT COMPLETED UNDER SECTION 143(3) VIDE AN O RDER DATED 11.12.2008, TOTAL INCOME OF THE ASSESSEE WAS COMPUT ED BY THE ASSESSING OFFICER AT RS.3,13,305/- AFTER MAKING ADDITION, INTER ALIA, ON ACCOUNT OF DISALLOWANCE UNDER SECTION 14A. AGAINST THE ORDER O F THE ASSESSING OFFICER, AN APPEAL WAS PREFERRED BY THE ASSESSEE BE FORE THE LD. CIT(APPEALS), WHO DISMISSED THE SAME BY HIS APPELLA TE ORDER PASSED EX PARTE FOR NON-PROSECUTION ON THE PART OF THE ASSESS EE. AGGRIEVED BY THE ORDER OF THE LD. CIT(APPEALS), THE ASSESSEE HAS PRE FERRED THIS APPEAL BEFORE THE TRIBUNAL. I.T.A. NO. 942/KOL./2015 ASSESSMENT YEAR: 2006-2007 PAGE 2 OF 3 3. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASS ESSEE COULD NOT APPEAR ON THE THREE DATES OF HEARING GIVEN BY THE LD. CIT( APPEALS) DUE TO COMMUNICATION GAP AND THERE WAS THUS SUFFICIENT CAU SE FOR THE NON- APPEARANCE ON THE PART OF THE ASSESSEE BEFORE THE L D. CIT(APPEALS). MOREOVER, IT IS OBSERVED THAT THE LD. CIT(APPEALS) VIDE HIS IMPUGNED ORDER PASSED EX PARTE HAS DISMISSED THE APPEAL OF THE ASSESSEE IN L IMINE FOR NON-PROSECUTION ON THE PART OF THE ASSESSEE WIT HOUT GOING INTO THE MERITS OF THE ISSUES RAISED THEREIN. AS PER THE SPE CIFIC PROVISIONS CONTAINED IN SUB-SECTION 6 OF SECTION 250, IT IS IN CUMBENT UPON THE LD. CIT(APPEALS) TO PASS AN ORDER DISPOSING OF THE APPE AL OF THE ASSESSEE IN WRITING STATING THEREIN THE POINTS FOR DETERMINATIO N, THE DECISION THEREON AND THE REASON FOR THE DECISION. THE IMPUGNED ORDER PASSED BY THE LD. CIT(APPEALS) THUS IS NOT IN ACCORDANCE WITH THE PRO VISIONS OF LAW. I, THEREFORE, SET ASIDE THE IMPUGNED ORDER OF THE LD. CIT(APPEALS) AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OF THE APPEAL OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION AFRESH ON MERIT AFTER GIVI NG ONE MORE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. AS UNDE RTAKEN BY THE LD. COUNSEL FOR THE ASSESSEE, THE ASSESSEE SHALL COMPLY WITH THE NOTICES ISSUED BY THE LD. CIT(APPEALS) AND SHALL EXTEND FUL L COOPERATION TO THE LD. CIT(APPEALS) IN ORDER TO ENABLE HIM TO DISPOSE OF T HE APPEAL EXPEDITIOUSLY WITHOUT ANY FURTHER DELAY. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 10, 2016. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 10 TH DAY OF FEBRUARY, 2016 I.T.A. NO. 942/KOL./2015 ASSESSMENT YEAR: 2006-2007 PAGE 3 OF 3 COPIES TO : (1) KARIKISH VYAPAAR PVT. LIMITED, C/O. A.K. KHEMKA, 8, GANESH CH. AVENUE, 1 ST FLOOR, SAHA COURT, KOLKATA-700 013 (2) INCOME TAX OFFICER, WARD-3(3), KOLKATA (3) COMMISSIONER OF INCOME-TAX (APPEALS)-I, KOLKAT A (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.