M/S. TROPEX SUPPLIERS PVT. LTD. (SUCCESSOR TO UNIVERSAL SUPPLIERS PVT. LTD.,),KOLKATA V. ITO, WARD 6(4), , KOLKATA

ITA 1088/KOL/2025

AI Insights

The case involves M/s Tropex Suppliers Pvt. Ltd., which appealed against the order of the National Faceless Appeal Centre, Delhi, for the assessment year 2012-13. The primary contention was regarding the addition of \\u20b91,28,50,000 as share application money, which the assessee argued included amounts received before the relevant assessment year. The Tribunal noted the absence of the assessee in previous hearings and acknowledged the misrepresentation of facts by the Assessing Officer. Consequently, the Tribunal decided to remand the case back to the Assessing Officer for a fresh examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 772383 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2012-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S.B. CHAKRABORTHY
• Assessee Lawyers: MIRAJ D SHAH
• Keywords: Opportunity of being heard

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, AM AND SHRIPRADIP KUMAR CHOUBEY, JM ITA No.1088/KOL/2025 (Assessment Year: 2012-13) M/s Tropex Suppliers Pvt. Ltd. PAN No. AABCT1459N (Successor to Universal Suppliers Pvt. Ltd. PAN No. AAACU9138Q) 113, Netaji Subhash Road, Kolkata-700001, West Bengal Vs. IT O, Ward 6-(4) Aaykar Bhavan, P-7, Chowringhee Square Kolkata-700069 (Appellant) (Respondent) PAN No. AABCT1459N Assessee by : Shri Miraj D Shah, AR Revenue by : Shri S.B. Chakraborthy, DR Date of hearing: 29.07.2025 Date of pronouncement: 26.08.2025 O R D E R Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 22.03.2025for AY 2012-13. 02. At the outset, we observe that the appeal of the assessee has been dismissed ex-parte when the assessee failed to turn up on the various opportunities granted by the appellate authority. Similarly, we note that even before the ld. AO though there was proper representation, however some facts were wrongly observed by the ld. AO as made total addition of ₹1,28,50,000/- on account of share application Printed from counselvise.com Page | 2 ITA No.1088/KOL/2025 M/s Tropex suppliers Pvt. Ltd; A.Y. 2012-13 money received by the assessee, however, we note that out of the said amounts ₹1,23,00,000/- received prior to A.Y. 2012-13 and only ₹5,50,000/- received during the year. Therefore, the issue requires examination at the end of the ld. Assessing Officer. Accordingly, we restore the appeal to the file of the ld. AO with a direction to decide the same afresh after affording reasonable opportunity of being heard to the assessee. consequently, the appeal is allowed for Statistical purposes. 03. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 26.08.2025. Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 26.08.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata 1. The Appellant 2. The Respondent 3. CIT 4. DR, ITAT, 5. Guard file. Printed from counselvise.com "