YASHASWINI COMMOSALE PVT. LTD.,KOLKATA vs. ITO, WARD - 4(2), KOLKATA

PDF · subscribers
ITA 214/KOL/2023Status: DisposedITAT Kolkata16 October 2023AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored all issues to the CIT(A) for fresh adjudication. The CIT(A) is directed to pass a speaking order after considering the assessee's submissions and documents, providing adequate opportunity.

What were the facts?

The assessee's appeal before the ITAT concerns the Assessment Year 2013-14. The assessee contended that the CIT(A) passed an ex-parte order without providing sufficient opportunity for submissions and documentation.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order and confirming an addition without considering the merits of the case due to non-compliance by the assessee.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3),Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: SRI SANJAY GARG & DR. MANISH BORAD

order

: October 16th, 2023 ORDER

Per Manish Borad, Accountant Member:

1.

This appeal filed by the assessee pertaining to the Assessment Year (in short ‘AY’) 2013-14 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the ‘Act’) by ld. Commissioner of Income Tax (Appeals)- NFAC, Delhi [in short ‘ld. CIT(A)’] dated 19.01.2023 arising out of the assessment I.T.A. No.: 214/KOL/2023 Assessment Year: 2013-14 Yashaswini Commosale Pvt. Ltd. order framed by the Assessing Officer (in short ld. ‘AO’) u/s 143(3) of the Act dated 04.03.2016.

2.

The assessee is in appeal before this Tribunal raising the following grounds: “

1.) That on the facts and in the circumstances of the case, Ld. CIT(A) has erred in passing order u/s 250 of Income Tax Act, 1961 dated 19.01.2023 on exparte view for non-compliance. 2.) That on the facts and in the circumstances of the case, Ld. CIT(A) erred in confirming the addition of Rs. 72,62,667/- as unexplained cash credit u/s 68 of the Act on account of share capital without going into the merits of addition. 3.) That the appellant craves leave to add, alter, adduce or amend any ground or grounds on or before the date of hearing of the appeal.”

3. At the outset, ld. Counsel for the assessee submitted that in the instant appeal, the impugned order is ex-parte and the assessee failed to get sufficient opportunity to give the submissions and file relevant documents in support of its grounds raised before ld. CIT(A). Prayer was made to restore all the issues in the instant appeal to the ld. CIT(A) for fresh adjudication.

4. Ld. D/R was fair enough in not raising any objection if the issues raised in the instant appeal is restored to ld. CIT(A).

5. We have heard rival contentions and perused the records placed before us. From perusal of the impugned order, we find that there was no appearance on behalf of the assessee before ld. CIT(A) and the impugned order was passed ex-parte.

6. We, therefore, considering the prayer made by the ld. Counsel for the assessee and no objection being raised by ld. D/R, restore all the issues in the instant appeal to the ld. CIT(A) for fresh Page 2 of 3

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →