MADHU JAYANTI INTERNATIONAL PVT. LTD.,KOLKATA V. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1), KOLKATA

ITA 2561/KOL/2024

AI Insights

This case involves an appeal by Madhu Jayanti International Pvt. Limited against an order passed by the Assessing Officer under sections 143(3) read with sections 144C(13) and 144B of the Income Tax Act for the assessment year 2021-2022. The primary contention of the assessee was that the assessment was time-barred, referencing a judgment from the Hon'ble Bombay High Court. The appeal was initially set to be heard, but due to procedural issues including the absence of proper attire by the representative and the absence of the CIT-DR, the tribunal decided to proceed based on the available facts and circumstances. The tribunal found that the DRP had not adequately addressed the explanations provided by the assessee in their previous submissions, leading to the restoration of the issues to the DRP for a detailed and reasoned order.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 360821 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2021-2022
• Other Referred Cases: Shelf Drilling Ron Tappmeyer Limited Vs. ACIT
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAVEEN KISHORE
• Assessee Lawyers: HITESH GOYAL
• Keywords: Opportunity of being heard

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER आयकर अपील सं/ITA No.2561/KOL/2024 (निर्धारण वर्ा / Assessment Year : 2021-2022) Madhu Jayanti International Pvt. Limited, Biowonder, 15th Floor, 789, EM Bypass, Anandapur East Kolkata Vs DCIT, Circle-4(1), Kolkata PAN No. : AABCM 7502 R (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee by : Shri Hitesh Goyal, AR रधजस्व की ओर से /Revenue by : Shri Praveen Kishore, CIT-DR सुनवाई की तारीख / Date of Hearing : 19/05/2025 घोषणा की तारीख/Date of Pronouncement : 19/05/2025 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order dated 17.10.2024, passed u/s.143(3) r.w.s.144C(13) read with Section 144B of the Act by the Assessing Officer, Assessment Unit, Income Tax Department passed in DIN No.ITBA/AST/S/143(3)/2024-25/1069739762(1) for the assessment year 2021-2022. 2. Shri Hitesh Goyal, AR appeared on behalf of the assessee. Shri Praveen Kishore, CIT-DR appeared on behalf of the revenue. 3. The assessee has filed an adjournment application wherein it is mentioned that the assessment is time barred and the assessee is relying upon the judgment of the Hon’ble Bombay High Court in the case of Shelf Drilling Ron Tappmeyer Limited Vs. ACIT, passed in W.P.No.2340 of 2021. In the adjournment application he has also mentioned that the issue is now ITA No.2561/Kol/2024 2 pending before the Hon’ble Supreme Court and he desires an adjournment to await the decision of the Hon’ble Supreme Court. One Shri Hitesh Goyal, CA/AR represented on behalf of the assessee and he has represented through virtual hearing without proper uniform as prescribed. As the counsel was not in the proper uniform, the adjournment application was rejected and the appeal was taken up for disposal. 4. When the CIT-DR was called for hearing but it was found that the ld. CIT-DR was also absent. Consequently, left with no other alternative, the Bench has proceeded to dispose off this appeal on the basis of facts and circumstances available in the file. 5. A perusal of the assessment order shows that he has relied upon the DRP’s order passed u/s.92CA(3) of the Act, dated 18.10.2023. A perusal of the order of the ld. DRP shows that the ld. DRP has given notice of hearing to the assessee and the assessee has also given replies to the various issues. However, a perusal of the order of the ld. DRP, does not show any reasons having been given by the ld. DRP in regard to the explanations provided by the assessee. The same is also in regard to the TPO. The TPO’s order is dated 18.10.2023 and the DRP’s order is dated 09.09.2024. As the explanation given by the assessee has not been adjudicated upon point-wise by the ld. DRP, the issues in this appeal are restored to the file of the ld. DRP for passing a speaking order after providing sufficient opportunity of being heard to the assessee. ITA No.2561/Kol/2024 3 6. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 19/05/2025. Sd/- (RAKESH MISHRA) Sd/- (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 19/05/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशधिुसधर/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलार्थी / The Appellant- 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file. सत्यापपत प्रतत //True Copy// "