NISHU LEASING AND FINANCE LIMITED,KOLKATA V. INCOME TAX OFFICER, WARD 1(1), KOLKATA, KOLKATA

ITA 2653/KOL/2024

AI Insights

The case involves Nishu Leasing & Finance Ltd., the appellant, contesting an order from the Ld. Commissioner of Income Tax (Appeal), NFAC, Delhi, for the Assessment Year 2015-16. The appeal was initially time-barred by 25 days, but the delay was condoned based on the application provided. The primary contention of the appellant was the lack of sufficient opportunity to present their case, which they argued violated the principles of natural justice. Despite not appearing in previous hearings, the tribunal decided to grant another opportunity for the appellant to present their case, imposing a condition of a monetary cost to be paid to Legal Aid Services as a prerequisite for re-evaluation of their appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 312352 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SM. RUCHIKA SHARMA
• Keywords: Condonation of delay; Set aside; Principle of natural justice

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.2653/Kol/2024 Assessment Year: 2015-16 Nishu Leasing & Finance Ltd. 5, Hari Sankar Lane, Kolkata- 700007. (PAN: AAACN 3111C) Vs. ITO, Ward-1(1), Kolkata (Appellant) (Respondent) Present for: Appellant by : N o n e Respondent by : Sm. Ruchika Sharma, Sr. DR Date of Hearing : 28.04.2025 Date of Pronouncement : 28.04.2025 O R D E R Per Bench : The captioned appeal by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeal), NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] vide order no. ITBA/NFAC/S/250/2024- 25/1068765270(1) dated 18.09.2024 passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2015-16. 2. None represented on behalf of the assessee and Sm. Ruchika Sharma, Sr. DR appeared on behalf of the revenue. 3. This appeal of assessee is time barred by 25 days and a separate condonation of delay petition has been placed on file. Considering the averments made in the said application, we condone the delay and admit the appeal for hearing. 2 ITA No.2653/Kol/2024 Nishu Leasing & Finance Ltd., AY 2015-16 4. In ground no. 2 the assessee has submitted before the Bench that the order passed by the Ld. CIT(A) u/s. 250 of the Act was without providing sufficient opportunity to the assessee and as such the order is bereft of natural justice and is liable to be set aside. Since the assessee despite being provided with sufficient opportunities of hearing before the Ld. CIT(A) did not present itself in the appellate proceedings, keeping this in mind and also treating this attitude against the principles of natural justice, we are of the view, however, that in the interest of justice, the assessee should be granted one more opportunity. This being so, the issues in this appeal are restored to the file of the Ld. CIT(A) for adjudication afresh subject to the assessee paying a cost of Rs. 50,000/- (Rupees fifty thousand only) to the Legal Aid Services, 3rd floor of the Centenary Building, High Court, Calcutta, 700001, within sixty days from the date of this order and receipt of the same would be produced before the Ld. CIT(A) at the first hearing. Should the assessee not pay the abovementioned costs within the prescribed period of sixty days from the date of this order, the order of the Ld. CIT(A) shall stand confirmed. 5. In the result, the appeal of the assessee is partly allowed for statistical purposes. Sd/- Sd/- (Rakesh Mishra) (George Mathan) Accountant Member) Judicial Member Dated: 28th April, 2025 JD, Sr. P.S. 3 ITA No.2653/Kol/2024 Nishu Leasing & Finance Ltd., AY 2015-16 Copy to: 1. The Appellant: Nishu Leasing & Finance ltd. 2. The Respondent: ITO, Ward-1(1), Kolkata. 3. CIT(A), NFAC, Delhi 4. Pr. CIT- 5. DR, ITAT, Kolkata Bench, Kolkata 6. Guard file. //True Copy// By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "