Inox Management Consultancy Pvt. Ltd., Kolkata V. I.T.O.,Ward-9(3), Kolkata

MA 205/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 5072 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 03-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Assessment record; Bogus
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER (MISC. APPLICATION) M.ANO.205/KOL/2019 (ARISING OUT ITA NO.661/KOL/2019) / ASSESSMENT YEAR:2015-16 ITA NO.661/KOL/2019 / ASSESSMENT YEAR:2015-16 INOX MANAGEMENT CONSULTANCY (P) LTD. 10/1A, KALAKAR STREET, 3 RD FLOOR, KOLKATA-007 [ PAN NO.AACCI 7362 L ] / V/S . INCOME TAX OFFICER, WARD-9(3), AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-69 /APPLICANT .. /RESPONDENT /BY ASSESSEE SHRI SUBASH AGARWAL, ADVOCATE /BY REVENUE SMT. RANU BISWAS, ACIT-SR-DR $ /DATE OF HEARING 01-11-2019 $ /DATE OF PRONOUNCEMENT 22-11-2019 /O R D E R THIS ASSESSEES MISCELLANEOUS PETITION FILED U/S 2 54(2) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT SEEKS TO RE-CALL / RECTIFY THE TRIBUNALS ORDER DATED 30.08.2019 ON ACCOUNT OF NON-PROSECUTION SINCE NOBODY HAD APP EARED IN THE MAIN CASE HEARING FIXED FOR THE VERY DATE.. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES MISCELLANEOUS APPLICATION SUBMITS THAT THE TRIBUNALS ORDER DATED 30.08.2019 DISMISSING THE MAIN APPEAL FOR NON-PROSE CUTION ON ACCOUNT OF ITS NON- APPEARANCE BE RE-CALLED SINCE THERE WAS A COMMUNICA TION GAP REGARDING THE DATE OF HEARING IN THE MAIN CASE. THE REVENUE IS FAIR ENOUG H IN NOT DISPUTING ALL THESE SOLEMN MA NO.205/KOL/2019 & ITA NO.661/KOL/2019 A.Y. 2 015-16 INOX MANAGEMENT CONSULTANCY (P) LTD.. VS. ITO W D-9(3) KOL. PAGE 2 AVERMENTS. WE THEREFORE RE-CALL MY ORDER DATED 30.0 8.2019 AND RESTORE THE APPEAL AT ITS ORIGINAL NUMBER (ITA 661/KOL/2019). 3. I NOW PROSECUTE TO DEAL WITH THE MAIN CASE ITSEL F WITH THE CONSENT OF BOTH THE PARTIES. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE HEREIN CHALLENGES BOTH THE LOWER AUTHORITIES ACTION TREATING ITS LONG TERM CAPITAL G AINS OF 27,31,856/- AS BOGUS UNEXPLAINED CASH CREDITS FOLLOWED BY UNEXPLAINED CO MMISSION EXPENDITURE OF 26,130/-. I FIND THAT THE CIT(A)S ORDER UNDER CHAL LENGE HAS BEEN EX PARTE WITHOUT DEALING WITH THE ASSESSEES DETAILED EVIDENCE FORMI NG PART OF THE ASSESSMENT RECORDS. THERE IS ALSO NO INDICATION IN THE LOWER APPELLATE ORDER THAT THE ASSESSEE HAD BEEN ACTUALLY SERVED RELEVANT HEARING NOTICE. I THEREFOR E DEEM IT APPROPRIATE THAT LARGER INTEREST OF JUSTICE WOULD BE MET IF THESE TWIN ISSU ES ARE RESTORED BACK TO THE FILE OF CIT(A) FOR AFRESH ADJUDICATION WITHIN THREE EFFECTI VE OPPORTUNITIES OF HEARING. THIS ASSESSEE IS DIRECTED TO APPEAR BEFORE THE CIT(A) ON OR BEFORE 15.04.2020 ALONGWITH A COPY OF THIS ORDER. THIS ASSESSEES MAIN APPEAL ITA NO.661/KOL/2019 IS ACCEPTED FOR STATISTICAL PURPOSES. 4. THE ASSESSEES MISCELLANEOUS APPLICATION MA NO.205/KOL/2019 IS ALLOWED AND ASSESSEES MAIN APPEAL ITA NO.661/KOL/2019 IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 22/11/2019 SD/- (S.S. GODARA) JUDICIA L MEMBER KOLKATA, *DKP/SR.PS ( - 22/11/2019 / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE-INOX MANGEMETN CONSULTANCY PVT. LTD. 10/1/ A, KALAKAR STREET 3 RD FLOOR, KOLKTA-007 2. /REVENUE-ITO, WD-9(3), AAYKAR BHAWAN, P-7 CHOWRINGHEE SQ. KOLKATA-69 3. + , / CONCERNED CIT 4. , - / CIT (A) 5. + , $ + / DR, ITAT, KOLKATA 6. / GUARD FILE. BY ORDER/ , /TRUE COPY/ $ +,