M/S. OPLUS STEEL AND POWER PRIVATE LIMITED (FORMERLY KNOWN AS M/S. SWATI CONCAST & POWER PRIVATE LIMITED),KOLKATA V. DCIT, CIRCLE 5(1), KOLKATA

ITA 673/KOL/2025

AI Insights

The case involves appeals by M/s Oplus Steel & Power Pvt. Ltd. against the orders of the Commissioner of Income Tax (Appeals) for the assessment years 2015-16 and 2017-18. The primary issue was the rectification order under section 154 of the Income Tax Act, which added Rs. 11,04,04,747 to the assessee's income. The CIT(A) had dismissed the appeals due to non-compliance from the assessee, who claimed non-receipt of notices. The Tribunal found the dismissal to be ex-parte and decided to remit the case back to the CIT(A) for a fresh hearing, emphasizing the need to decide cases on merits rather than technicalities.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 668957 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside; Reassessment proceedings; Rectification of order
• Section: 147; 154

Judgement Text

"आयकर अपीलȣय अͬधकरण, कोलकाता पीठ “सी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA Įी Ĥदȣप क ुमार चौबे, ÛयाǓयक सदèय एवं Įी राक ेश ͧमĮ, लेखा सटèय क े सम¢ [Before Shri Pradip Kumar Choubey, Judicial Member &Shri Rakesh Mishra, Accountant Member] I.T.A. Nos. 673 & 698/Kol/2025 Assessment Year: 2015-16 & 2017-18 M/s Oplus Steel & Power Pvt. Ltd. (formerly known as M/s Swati Concast & Power Pvt. Ltd. ) (PAN: AABCC 4730 B) Vs. DCIT, Circle-5(1), Kolkata Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 12.06.2025 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 23.06.2025 For the assessee / Ǔनधा[ǐरती कȧ ओर से Shri Miraj D Shah, AR For the revenue / राजèव कȧ ओर से Shri Praveen Kishore, CITDR Shri S. B. Chakraborthy, Sr. DR ORDER / आदेश Per Pradip Kumar Choubey, JM: These are the appeals preferred by the assessee against the separate orders of learned Commissioner of Income Tax (Appeals)- NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 20.12.2024 and 18.03.2025 for AY 2015-16 & 2017-18 2 I.T.A. Nos. 673 & 698/Kol/2025 Assessment Years: 2015-16 & 2017-18 M/s Oplus Steel & Power Pvt. Ltd. respectively. In both the appeals, issues are common hence taken up together for disposal by taking ITA NO. 673/Kol/2025 for AY 2015-16 being a lead case. 2. It appears from the report of the registry that the appeal has been filed after a delay of 32 days for this assessee has filed condonation petition, which are as follows- 3 I.T.A. Nos. 673 & 698/Kol/2025 Assessment Years: 2015-16 & 2017-18 M/s Oplus Steel & Power Pvt. Ltd. On perusal of the condonation petition, the reason for delay in filing the appeal seems to be genuine and bonafide. The Ld. D.R did not raise any objection in condoning the delay. Keeping in view, the condonation petition as well as judicial pronouncement that the case should be decided on merit not on technical issue, the delay is hereby condoned. 2. Brief facts of the case of the assessee is that the rectification u/s 154 of the Act was passed by the AO by making an addition of Rs. 11,04,04,747/-. 3. Aggrieved with the said rectification order, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed as there was no compliance from the side of the assessee. Being aggrieved and dissatisfied the assessee preferred an appeal before us. 4. The ld. A.R instead of arguing into the merit of the case has only prayed that in both the appellate orders passed by the Ld. CIT(A) are an ex-parte order and the assessee 4 I.T.A. Nos. 673 & 698/Kol/2025 Assessment Years: 2015-16 & 2017-18 M/s Oplus Steel & Power Pvt. Ltd. has to give an opportunity to place its case before the Ld. CIT(A) by remitting the appeal of the assessee to the file of Ld. CIT(A). The assessee filed an affidavit regarding non- appearance of the assessee before the lower authorities. 5. The Ld. D.R though supports the impugned order but did not raise any objection in remitting the appeal of the assessee to the file of Ld. CIT(A) 6. We have gone through the order passed by the Ld. CIT(A) in both the appeals and find that the order passed by the Ld. CIT(A) when there was no response from the side of the assessee. Both the orders passed by the Ld. CIT(A) are ex-parte order. The affidavit filed by the assessee are as under: 5 I.T.A. Nos. 673 & 698/Kol/2025 Assessment Years: 2015-16 & 2017-18 M/s Oplus Steel & Power Pvt. Ltd. 7. In an affidavit the assessee has submitted that the company did not receive any notice u/s 147 or during the appellate proceedings and due to non-receipt of said notices the company was unable to respond the reassessment proceedings and appellate proceedings. Keeping in view, the submission, order passed by the Ld. CIT(A) as well as considering the Affidavit, we are inclined to restore the appeal of the assessee to the file of Ld. CIT(A) for fresh adjudication after affording an opportunity to the assessee. 6 I.T.A. Nos. 673 & 698/Kol/2025 Assessment Years: 2015-16 & 2017-18 M/s Oplus Steel & Power Pvt. Ltd. In the result, both the appeals filed by the assessee are allowed for statistical purposes. The impugned order passed by the CIT(A) are set aside. Order is pronounced in the open court on 23rd June , 2025 Sd/- Sd/- (Rakesh Mishra /राक ेश ͧमĮ) (Pradip Kumar Choubey /Ĥदȣप क ुमार चौबे) Accountant Member/लेखा सदèय Judicial Member/ÛयाǓयक सदèय Dated: 23rd June, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- M/s Oplus Steel & Power Pvt. Ltd. (formerly known as M/s Swati concast & Power Pvt. Ltd. ) , Tobacco House, 1 & 2 Old Court House Corner, Kolkata-700001. 2. Respondent – DCIT, Circle-5(1), Kolkata 3. Ld. CIT(A)- NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "