NARAYANI SHAKTI ENTERPRISES,KOLKATA V. ITO, WARD 36(1), , KOLKATA

ITA 1203/KOL/2025

AI Insights

Narayani Shakti Enterprises appealed against the ex-parte orders of the Assessing Officer and the CIT(A) for the assessment year 2017-2018. The appeal was initially barred by two days, but the Tribunal condoned the delay. The assessee's representative argued for a restoration of the issues to the Assessing Officer's file, citing non-representation. However, the Tribunal noted that the assessee had multiple opportunities to present its case at both the assessment and appellate stages but failed to do so without providing adequate explanations. Consequently, the Tribunal dismissed the appeal, upholding the previous orders.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 779609 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2017-2018
• Appeal Filed On: 02-06-2025
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D HEERAJ
• Assessee Lawyers: J. M. THARD
• Keywords: Set aside

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.1203/KOL/2025 (निर्धारण वर्ा / Assessment Year : 2017-2018) Narayani Shakti Enterprises, 127, N.S.Road, 6th Floor, Room No.604, Kolkata-700001 Vs ITO, Ward-36(1), Kolkata PAN No. :AAEFN 1566 C (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee by : Shri J.M.Thard, AR रधजस्व की ओर से /Revenue by : Shri Dheeraj, Sr. DR सुनवाई की तारीख / Date of Hearing : 13/10/2025 घोषणा की तारीख/Date of Pronouncement : 13/10/2025 आदेश / O R D E R Per George Mathan, JM : This is an appeal filed by the assessee against the order dated 19.03.2025, passed by the Id. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2017-2018. 2. The appeal of the assessee is barred by 02 days. In this regard, the assessee has filed an application for condonation of delay. Considering the facts and circumstances of the case, we condone the delay of 02days in filing the present appeal and the appeal is heard finally. 3. It was submitted by the ld.AR that both the assessment order and order of the ld.CIT(A) are ex-parte orders. It was the prayer that the issues may be restored to the file of ld.AO for readjudication. 4. In reply, ld.Sr. DR vehemently supported the orders of the ld.AO & ld. CIT(A). 5. We have considered the rival submissions. A perusal of the assessment order shows that notice issued u/s.148 of the Act had been Printed from counselvise.com ITA No.1203/KOL/2025 2 issued to the assessee. Multiple opportunities had been given to the assessee. The assessee has not responded to any of the notices issued. The assessee has admittedly filed appeal before the ld. CIT(a) within the time. Therefore, obviously the service of the assessment order is not in dispute. The assessee has not given any explanation as to why he has not represented before the Assessing Officer. Before the ld.CIT(A) the appeal has also been filed well within time. The ld.CIT(A) has issued multiple notices. Adjournment letter has also been filed on one date as is mentioned in page 3 of the assessment order. Therefore, it is also not the case of the assessee that notices have not been served. The assessee has not explained anything as to why the assessee has failed to represent its case before the ld.CIT(A). There seems to be a trend that when the issues get complicated and there are possibility of taking any legal stands for defending the order, the assessee adopts delay tactics so as to get the time in the reopening could expire and then in the set aside proceedings to recoup such legal issues thereby barring the revenue from defending its stand. As the assessee has been unable to substantiate any reason as to why there has been non-compliance before the Assessing Officer as also before the ld.CIT(A), nor has the assessee been able to point out any error in the findings of the ld.CIT(A) on merits, we are not inclined to accede to the request of the ld.AR that the issues in this appeal should be restored to the file of ld.AO. In these circumstances, as the assessee has not cooperated in the assessment prceedings nor in the appellate proceedings, nor has the assessee been able to provide any justifiable reason for its Printed from counselvise.com ITA No.1203/KOL/2025 3 failure to represent itself before the assessment authorities or the appellate authorities, we find no reason to interfere in the order of the ld.CIT(A) and the same stands confirmed. 6. In the result, appeal of the assessee is dismissed. Order dictated and pronounced in the open court on 13/10/2025. Sd/- (RAKESH MISHRA) Sd/- (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 13/10/2025 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// Printed from counselvise.com "