M/s. Vijaypath Management Pvt. Ltd., , Kolkata V. DCIT, Central Circle - 3(3), Kolkata , Kolkata

ITSSA 64/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0212 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 27-03-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 13-08-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Principle of natural justice
• Section: 142(1)

Judgement Text

2 IT(SS)A NO. 64/KOL/2018 ASSESSMENT YEAR: 2010-11 M/S. VIJAYPATH MANAGEMENT PVT. LTD 3. FURTHER AGGRIEVED THE ASSESSEE IS IN APPEAL BEFORE US. 4. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT, THE ASSESSING OFFICER HAD NOT AFFORDED ADEQUATE OPPORTUNITY TO THE ASSESSEE TO DEMONSTRATE THE GENUINENESS OF THE TRANSACTIONS AND THE IDENTITY AND CREDITWORTHINESS OF THE SHAREHOLDERS. HE REFERRED TO PAGE 18 OF THE ASSESSMENT ORDER AND SUBMITTED THAT THE LD. ASSESSING OFFICER HAS WRONGLY STATED THAT THERE WAS NO COMPLIANCE ON THE PART OF THE ASSESSEE COMPANY. HE POINTED OUT THAT THE SUMMONS STATED TO HAVE BEEN ISSUED BY THE ASSESSING OFFICER TO THE PRINCIPAL OFFICERS OF THE SHARE SUBSCRIBING COMPANIES WERE, NEVER SERVED ON THEM. HE POINTED OUT THAT THE ASSESSEE HAS FILED ALL NECESSARY DOCUMENTS WITHIN ITS CONTROL BEFORE THE ASSESSING OFFICER AND THAT IT IS WILLING TO FURNISH ANY FURTHER EVIDENCE OR PRODUCE ANY OTHER PERSONS BEFORE THE ASSESSING OFFICER TO PROVE THE GENUINENESS OF THE TRANSACTION. HE POINTED OUT THAT THE NOTICE U/S 142(1) OF THE ACT, WAS ISSUED ON 06/12/2017 AND THAT ASSESSMENT ORDER WAS PASSED ON 29/12/2017 I.E., WITHIN 23 DAYS. HE PRAYED THAT THE ASSESSMENT BE RESTORED TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO GIVE THE ASSESSEE ADEQUATE OPPORTUNITY, TO COMPLY WITH THE DIRECTIONS GIVEN BY THE ASSESSING OFFICER ON THE GROUNDS OF NATURAL JUSTICE. 4.1. THE LD. D/R, ON THE OTHER HAND, THOUGH NOT LEAVING HIS GROUND SUBMITTED THAT THE CASE MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER ON THE GROUNDS OF VIOLATION OF PRINCIPLES OF NATURAL JUSTICE, BUT THE ASSESSEE SHOULD BE DIRECTED TO COMPLY WITH THE DIRECTIONS OF THE ASSESSING OFFICER. 5. IN VIEW OF THE ABOVE SUBMISSION AND THE FACT THAT THE SUMMONS ISSUED BY THE ASSESSING OFFICER COULD NOT BE SERVED AND AS THERE WAS VIOLATION OF PRINCIPLES OF NATURAL JUSTICE, AS THE NOTICE WAS ISSUED U/S 142(1) ON 06/12/2017 AND ASSESSMENT WAS COMPLETED WITHIN 23 DAYS I.E., ON 29/12/2017, WE RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 27 TH DAY OF MARCH, 2019. SD/- SD/- [S.S. VISWANETHRA RAVI] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 27.03.2019 {SC SPS}