VIGOROUS COMMERCE PRIVATE LIMITED,DELHI V. ITO, WARD 10(3), , KOLKATA

ITA 686/KOL/2025

AI Insights

The case involves Vigorous Commerce Pvt. Limited, which appealed against the order of the CIT(Appeals) at the National Faceless Appeal Centre, Delhi, concerning the assessment year 2011-12. The primary issue was the non-appearance and non-submission of required documents by the assessee during the assessment and appellate proceedings, leading to an ex-parte dismissal of their appeal by the CIT(Appeals). The ITAT noted the absence of representation for the assessee and decided to remit the case back to the CIT(Appeals) to ensure fair hearing and adherence to the principles of natural justice.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669279 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside; Opportunity of being heard; Gift; Principle of natural justice
• Section: 148; 142(1)

Judgement Text

" ITA No. 686/KOL/2025 (A.Y. 2011-2012) Vigorous Commerce Pvt. Limited 1 IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH, KOLKATA Before Shri Duvvuru RL Reddy, Vice-President (KZ) & Shri Rakesh Mishra, Accountant Member I.T.A. No. 686/KOL/2025 Assessment Year: 2011-2012 Vigorous Commerce Pvt. Limited,…..………Appellant C/o. Shreeji Pujan, House No. 24/27, Ground Floor, Rameshwar Nagar, Delhi-110033 [PAN:AACCB7957J] -Vs.- Income Tax Officer,…………………..….…....Respondent Circle-10(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: N o n e, appeared on behalf of the assessee Shri S.B. Chakraborthy, Addl. CIT, Sr. D.R., appeared on behalf of the Revenue Date of concluding the hearing: June 17, 2025 Date of pronouncing the order: June 24, 2025 O R D E R Per Duvvuru RL Reddy, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 22nd January, 2025 passed for Assessment Year 2011-12. ITA No. 686/KOL/2025 (A.Y. 2011-2012) Vigorous Commerce Pvt. Limited 2 2. The appeal is time barred by two days in filing the appeal by the assessee. However, the assessee did not file affidavit/condonation petition. Considering the overall facts and circumstances of the case, we are inclined to condone the delay of two days. Hence the delay is condoned. 3. None appeared on behalf of the assessee at the time of hearing. Therefore, we have decided to dispose of the appeal after hearing the ld. Departmental Representative and perusing the material available on record. 4. Brief facts of the case are that the assessee is a Private Limited Company, which filed its return of income for the assessment year 2011-12 on 21.12.2011 declaring total income of Rs.(-)48,470/-. Information received from a credible source from which it emanates out of the investigation report that the company has received the alleged funds from different sources. The case was reopened after getting credible information regarding the one Puneet Kulthia of Delhi. Accordingly, statutory notice under section 148 dated 27.03.2018 was generated and downloaded through ITBA Portal after getting approval from the appropriate authority and duly served upon the assessee-Company. Thereafter notices under section 143(2) and 142(1) were issued to the asseessee-company as well as questionnaire asking to file the submission along with the documentary evidence in connection with the transaction amount received from the various companies. The assessee did not respond to the notices issued by the ld. Assessing Officer. From the record, it was noticed that the assessee ITA No. 686/KOL/2025 (A.Y. 2011-2012) Vigorous Commerce Pvt. Limited 3 company received cash as well as through banking channel from various concerns and most of the transactions consist of sale, purchase, unsecured loan, advances, share application money, ashre premium, gifts, cash deposits etc. and accordingly total income of the assessee-company was assessed at Rs.7,99,12,418/-. 5. Being not satisfied, the assessee preferred an appeal before the ld. CIT(Appeals). 6. The ld. CIT(Appeals) has given several opportunities to the assesese to substantiate its claim, but the appellant neither filed the written submission nor represented the case before the ld. CIT(Appeals). Thereafter the ld. CIT(Appeals) dismissed the appeal ex-parte on 22nd January, 2025. 7. On being aggrieved, the assessee preferred an appeal before the ITAT. 8. At the outset, ld. D.R. brought to our notice that the assessee did not produce the relevant documents as asked by the ld. Assessing Officer during the assessment proceedings. Therefore, the ld. Assessing Officer passed the assessment order assessing the taxable income at Rs.7,99,12,418/-. Thereafter the assessee preferred an appeal before the ld. CIT(Appeals). The ld. CIT(Appeals) has given many opportunities to the assessee and the assessee neither filed written submission nor any evidence before the ld. CIT(Appeals). He further submitted that before the ITAT, the ITA No. 686/KOL/2025 (A.Y. 2011-2012) Vigorous Commerce Pvt. Limited 4 assessee did not substantiate its claim. Therefore, he pleaded to uphold the order passed by the CIT(Appeals). 9. We have perused the material available on record. Considering the facts and circumstances of the case, we are inclined to set aside the order passed by the ld. CIT(Appeals) in order to meet the principle of natural justice, and remit the matter back to the file of ld. CIT(Appeals) with a direction to provide one more opportunity of being heard to the assessee. At the same breath, we also hereby caution the assessee to promptly co-operate with the proceedings before the Ld. CIT(Appeals) failing which the Ld. CIT(Appeals) shall be at liberty to pass appropriate order in accordance with law and merits based on the materials available on the record. Thus, the grounds raised by the assessee are allowed for statistical purposes. 10. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 24/06/2025. Sd/- Sd/- (Rakesh Mishra) (Duvvuru RL Reddy) Accountant Member Vice-President (KZ) Kolkata, the 24th day of June, 2025 Copies to :(1) Vigorous Commerce Pvt. Limited, C/o. Shreeji Pujan Bhandar, House No. 24/27, Ground Floor, Rameshwar Nagar, Delhi-110033 ITA No. 686/KOL/2025 (A.Y. 2011-2012) Vigorous Commerce Pvt. Limited 5 (2) Income Tax Officer, Circle-10(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) CIT(Appeals), NFAC, Delhi; (4) CIT - ; (5) The Departmental Representative; (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S. "