S. K. TREXIM (P) LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI

IN THE INCOME TAX APPELLATE TRIBUNAL, GUWAHATI BENCH, GUWAHATI VIRTUAL HEARING AT KOLKATA BEFORE DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER ITA No. 45/GTY/2021 Assessment Year: 2012-13 S.K. Trexim (P) Ltd. DCIT, Circle-2, Guwahati C/o. Subash Agarwal & Associates, Advocates, Siddha Vs. Gibson, 1, Gibson Lane, Suite 213, 2nd Floor, Kolkata-700069. PAN: AANCS 4492 G (Appellant) (Respondent) Present for: Appellant by : Shri Siddharth Agarwal, Advocate Respondent by : Shri N.T. Sherpa, JCIT Date of Hearing : 15.05.2023 Date of Pronouncement : 30.05.2023 O R D E R PER SONJOY SARMA, JM: The present appeal has been preferred by the assessee against the order dated 03.12.2018 of ld. CIT(A), Guwahati-1 passed u/s 250 of the Income Tax Act [hereinafter referred to as the ‘Act’]. The assessee has raised the following grounds of appeal: “1. For that the ex-parte order passed by the ld. CIT(A) is in gross violation of the principles of natural justice and as such, is not sustainable in law. 2. For that the ld. CIT(A) was not justified in dismissing the appeal of the assessee without dealing with the merit of the additions made by the AO. 3.(a) For that on the facts and in the circumstances of the case, the ld. CIT(A) was not justified in confirming the addition of Rs. 92,80,000/-

2 ITA No.45/GTY/2021 S.K. Trexim (P) Ltd. A.Y. 2012-13 made by the AO on account of bogus share capital by wrongly invoking the provisions of section 68 of the Act. (b) For that on the facts and in the circumstances of the case, the ld. CIT(A) was not justified in confirming the addition of Rs. 1,56,53,787/- being 10% of gross turnover of Rs. 15,65,37,868/- being the income estimated by the AO after rejecting the book results. (c) For that on the facts and in the circumstances of the case, the ld. CIT(A) was not justified in confirming the addition of Rs. 3,92,26,198/- made by the AO on account of entire payables without giving proper time and opportunity to explain the creditors of the company. 4. The appellant craves leave to add further grounds of appeal or alter the grounds at the time of hearing.” 2. Though the assessee has raised several grounds of appeal contesting various disallowances and addition made by the AO and sustained by the ld. CIT(A). We find that the assessee has raised a primary ground that the ld. CIT(A) has passed an ex- parte order without granting sufficient opportunity to the assesses and on perusal of the order of ld. CIT(A), we find that fair opportunities were indeed given to the assessee for representation which was not complied by the assessee. The ld. AR before us prayed for one more opportunity before the ld. CIT(A). The ld. AR also assured that he will not take any adjournment before the ld. CIT(A) and would cooperate in appeal. We find that ex-parte order has been passed by the ld. CIT(A). This is a fit case for remanding the appeal before the ld. CIT(A) to give more effective opportunity to the assessee and the assessee is also directed to cooperate with expeditious disposal of the appeal by the ld. CIT(A) by not seeking any adjournment except due to the exceptional or unavoidable circumstances. In view of the above discussion, the various grounds raised by the

3 ITA No.45/GTY/2021 S.K. Trexim (P) Ltd. A.Y. 2012-13 assessee on merits are left open and remand back to the file of ld. CIT(A) for de novo adjudication.

Sd/- Sd/- [Sd/- (MANISH BORAD) (SONJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata, Dated: 30.05.2023 Biswajit, Sr. P.S. Copy to: 1. The Appellant: S.K. Trexim (P) Ltd. 2. The Respondent: DCIT, Circle-2, Guwahati. 3. The CIT, 4. The CIT (A) 5. The DR

//True Copy// [ By Order

Assistant Registrar ITAT, Kolkata Benches, Kolkata