RITTIKA COMMERCE PVT. LTD.,KOLKATA V. ITO, WARD 9(1), KOLKATA

ITA 1244/KOL/2025

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Rittika Commerce Pvt. Ltd. filed an appeal against the order of the CIT(A), National Faceless Appeal Centre, Delhi, which affirmed the AO's assessment order for the year 2014-2015. The AO had made an addition of Rs.3,08,00,000 under section 69A of the Income Tax Act, 1961, treating it as unexplained money, following a reassessment under section 148. The assessee contended that it had sufficient documentary evidence to prove its case, which it failed to present earlier due to unavoidable circumstances. The CIT-DR supported the lower authorities' decisions, arguing that the assessee had not substantiated its case at any level. The Tribunal, considering the circumstances, decided to remand the case back to the AO for a fresh assessment, emphasizing the need for the assessee to cooperate fully in the new proceedings.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 772221 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act, 1961, Companies Act, 2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S.B. CHAKRABORTHY
• Assessee Lawyers: MIRAJ D SHAH
• Keywords: Opportunity of being heard; Reassessment proceedings
• Section: 148; 144

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER आयकर अपील सं/ITA No.1244/KOL/2025 (निर्धारण वर्ा / Assessment Year : 2014-2015) Rittika Commerce Pvt. Ltd. 3rd Floor, Bangur Building, 161/1, M.G.Road, Burrabazar, Kolkata, -700007 Vs ITO Ward-9(1), Kolkata PAN No. :AABCR 5554 L (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee by : Shri Miraj D Shah,AR रधजस्व की ओर से /Revenue by : Shri S.B. Chakraborthy, Sr. DR सुनवाई की तारीख / Date of Hearing : 11/08/2025 घोषणा की तारीख/Date of Pronouncement : 28/08/2025 आदेश / O R D E R Per Pradip Kumar Choubey, JM : The assessee has filed the instant appeal against the order dated 05.12.2024, passed by the ld.CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2014-2015. 2. Facts of the present case of the assessee are that the assessee is a private limited company as per the definition u/s.2(68) of the Companies Act, 2013. The case was selected for assessment proceedings u/s. 148 of the Act for reassessment proceedings and subsequently the assessment order was passed U/s 144 of the IT Act, 1961, thereby making addition Rs.3,08,00,000/- u/s.69A of the Act treating the same as Unexplained Money. In appeal, the ld. CIT(A) affirmed the view taken by the Assessing Officer. Now, the assessee is in further appeal before us. 3. Ld. AR before us submitted that due to some unavoidable circumstances the assessee could not comply the notices issued by the Printed from counselvise.com ITA No.1244/KOL/2025 2 by the ld. CIT(A). The assessee was having sufficient documentary evidence to prove its case. Accordingly, the ld.AR prayed that assessee may be given one more opportunity to file the relevant documents to substantiate its case before the ld.AO 4. On the other hand, ld. CIT-DR vehemently supported the orders of the lower authorities and submitted that the assessee was unable to substantiate its case before either of the authorities below. Therefore, ld.Sr.DR prayed that orders of the authorities below deserve to be upheld. 5. Upon hearing the submissions of counsel for the respective parties and perusing the facts of the case and submission made by the ld. AR, we find that the ld. CIT(A) in para 8 of its order mentioned that various notices were issued however, the assessee remained non-cooperative during the course of appellate proceedings. A perusal of the assessment order shows that the assessee was given multiple opportunities, however, the assessee could not comply with the notices issued by the Assessing Officer resulting into framing the assessment u/s.147 r.w.s.144 read with section 144B of the Act. However, the ld. AR during the course of hearing requested for one more opportunity to prove its case by submitting relevant documents before the AO. Therefore, in the interest of justice, we restore the issues in this appeal to the file of ld.AO for adjudication afresh after providing sufficient opportunity of being heard to the assessee. The assessee is also directed to produce all the relevant documents to substantiate its case and cooperate in the fresh adjudication proceedings before the ld. AO, positively. Printed from counselvise.com ITA No.1244/KOL/2025 3 6. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 28.08 2025. SD/- (RAJESH KUMAR) SD/- (PRADIP KUMAR CHOUBEY) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 28.08.2025 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 "