Ather Perwaize, Kolkata V. ITO, Ward-32(1), Kolkata, Kolkata

ITA 960/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6162 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 04-05-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A BHATTACHARYA CIT DR REVEN
• Assessee Lawyers: ANURAG SHARMA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [BEFORE SRI S.S. GODARA, JUDICIAL MEMBER& SRI M. BALAGANESH, ACCOUNTANT MEMBER] I.T.A. NO. 958/KOL/2017 ASSESSMENT YEAR: 2011-12 I.T.A. NO. 960/KOL/2017 ASSESSMENT YEAR: 2013-14 ATHER PERWAIZE....................................APPELLANT 4B/2, TOPSIA 2 ND LANE KOLKATA 700 039 [PAN: AGOPP 6104 B] INCOME TAX OFFICER, WARD-32(1), KOLKATA..............RESPONDENT I.T.A. NO. 959/KOL/2017 ASSESSMENT YEAR: 2013-14 ATHER PERWAIZE....................................APPELLANT 4B/2, TOPSIA 2 ND LANE KOLKATA 700 039 [PAN: AGOPP 6104 B] DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-32, KOLKATA............RESPONDENT APPEARANCES BY: SHRI ANURAG SHARMA, FCA APPEARED ON BEHALF OF THE ASSESSEE. SHRI A. BHATTACHARYA, ADDL. CIT, DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JUNE 14 TH ,2018 DATE OF PRONOUNCING THE ORDER : JULY 18 TH ,2018 ORDER PER S.S. GODARA, JM :- THIS THREE ASSESSEES APPEALS FOR ASSESSMENT YEARS 2011-12 & 2013-14 ARISE AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS) 9, KOLKATAS SEPARATE ORDERS DATED 30/03/2016, 29/09/2016 AND 27/03/2017 IN CASE NOS. 447/CIT(A)- 9/WD-32(1)/2014-15/KOL & 15/CIT(A)-9/CIRCLE-32/2016-17/KOL; RESPECTIVELY INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT) IN ALL THE CASES. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2 I.T.A. NO. 958/KOL/2017 ASSESSMENT YEAR: 2011-12 I.T.A. NO. 960/KOL/2017 ASSESSMENT YEAR: 2013-14 I.T.A. NO. 959/KOL/2017 ASSESSMENT YEAR: 2013-14 ATHER PERWAIZE 2. IT EMERGES AT THE OUTSET THAT THE CIT(A) HAS PASSED ALL THE THREE ORDERS UNDER CHALLENGE EX-PARTE WHILST CONFIRMING THE ASSESSING OFFICERS ACTION DISALLOWING ASSESSEES EMBOSSING, FABRICATIONS AND REXINE, LINING AND OTHER FITTING CHARGES INVOLVING VARIOUS CORRESPONDING SUMS BY INVOKING SECTION 40(A)(IA) R.W.S. 194 OF THE ACT. IT FURTHER TRANSPIRES THAT THE ASSESSEES LATTER APPEAL IN I.T.A. NO.960/KOL/2017 IN THE ASSESSMENT YEAR 2011-12 HAD SOUGHT TO REVIVE THE VERY LOWER APPELLATE PROCEEDINGS WHICH THE CIT(A) HAD REJECTED IN HIS SIMILAR EX-PARTE ORDER DT. 30/03/2017 AS CHALLENGED IN I.T.A. NO. 958/KOL/2017. THE SAME THEREFORE APPEARS TO BE A CASE OF DUPLICATION OF FILE ONLY IN SUBSTANCE. 4. LEARNED COUNSEL FOR THE ASSESSEE INVITES OUR ATTENTION TO THE CIT(A)S ALL THREE ORDERS UNDER CHALLENGE UPHOLDING THE IMPUGNED DISALLOWANCE(ES) IN BOTH THE ASSESSMENT YEARS WITHOUT ANY DISCUSSION ON MERITS. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THE FACT THAT THE CIT(A) HAS NOT CONSIDERED THE RELEVANT FACTS/NATURE OF PAYMENTS VIS--VIS APPLICATION OF CHAPTER XVII NOR HAS HE CONSIDERED SECTION 250(6) OF THE ACT PROVIDING FOR POINTS OF DETERMINATION TO BE FOLLOWED BY A DETAILED ADJUDICATION BY WAY OF A SPEAKING ORDER IN COURSE OF LOWER APPELLATE PROCEEDINGS. WE THEREFORE RESTORE THE INSTANT APPEALS BACK TO THE CIT(A) FOR FRESH ADJUDICATION AS PER LAW AFTER AFFORDING ADEQUATE OPPORTUNITY OF HEARING TO THE ASSESSEE. 5. THESE THREE ASSESSEES APPEALS ARE ACCEPTED FOR STATISTICAL PURPOSES. KOLKATA, THE 18 TH DAY OF JULY, 2018. SD/- SD/- [M. BALAGANESH] [ S.S. GODARA ] ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATED : 18.07.2018 {SC SPS} 3 I.T.A. NO. 958/KOL/2017 ASSESSMENT YEAR: 2011-12 I.T.A. NO. 960/KOL/2017 ASSESSMENT YEAR: 2013-14 I.T.A. NO. 959/KOL/2017 ASSESSMENT YEAR: 2013-14 ATHER PERWAIZE COPY OF THE ORDER FORWARDED TO: 1. ATHER PERWAIZE 4B/2, TOPSIA 2 ND LANE KOLKATA 700 039 2. INCOME TAX OFFICER, WARD-32(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES