A V ISPAT PRIVATE LIMITED,PATNA vs. ACIT CENTRAL CIRCLE 2 PATNA, PATNA

PDF · subscribers
ITA 222/PAT/2023Status: DisposedITAT Patna03 October 2024AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT found that the CIT(A)'s order lacked adjudication on merits and was passed ex-parte without proper analysis of facts. Therefore, the order was set aside.

What were the facts?

The assessee company appealed to the ITAT against the CIT(A)'s order confirming additions made by the AO on account of unsecured loans. The assessee did not appear before the CIT(A), resulting in an ex-parte order.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal on merits when the assessee failed to appear, and if the ex-parte order was sustainable without factual analysis.

Which sections of the Income-tax Act were involved?

Section 147,Section 68,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

Before: SHRI RAJPAL YADAV & DR. MANISH BORAD

Hearing: 05.09.2024Pronounced: 30.10.2024

Assessment Year: 2014-15 AV Ispat Private Limited ACIT, Central Circle-2 Agamkuan, Patna-800007 Patna-800001, Bihar Vs Bihar [PAN: AACA9469P] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent) Assessee by : None Revenue by : Ashwani Kumar, DR सुनवाई की तारीख/Date of Hearing : 05.09.2024 घोषणा की तारीख /Date of Pronouncement : 30.10.2024 आदेश/O R D E R

PER DR. MANISH BORAD, ACCOUNTANT MEMBER:

1.

This appeal at the instance of the assessee is directed against the order of Commissioner of Income-tax (Appeals) [learned CIT (A)] dated 28.04.2023, which is arising out of the assessment order under Section 143(3) of the Income-tax Act, 1961 (the Act) dated 14th March, 2022.

2.

When the case was called for, none appeared on behalf of the assessee. We observe that on the previous occasions when the case was fixed for hearing on 29th July, 2024, and 30th July, 2024, none appeared. However, considering the smallness of the issue and that the facts were available on record, it was decided to adjudicate these appeals with assistance of learned Departmental Representative. Assessee has raised following grounds of appeal: -

1. The order passed by learned CIT(A)-3, Patna is unjust, unwarranted and bad in law.

3. That the learned CIT(A)-3, Patna erred in confirming the invocation of the provisions of section 147 of the act for disturbing the settled position.

4. On the facts and in the circumstances of the case, the ld CIT(A)-3, Patna erred in confirming the wrongful quantification of a sum of Rs 25,00,084/- being the amount of unsecured loan received by the appellant.

5. On the facts and in the circumstances of the case, the ld CIT(A)-3, Patna erred in treating the sum of Rs 25,00,084/- as income of the appellant.

6. On the facts and in the circumstances of the case, the ld CIT(A)-3, Patna erred in making addition of impugned amount of Rs 25,00,084/- to the income of the appellant.

7.

The appellant craves leave to add, amend, rectify, modify or otherwise alter any ground of appeal.”

3.

Perusal of the impugned order indicates that there is no adjudication on merits of the case. Ld. DR was fair enough in accepting that the impugned order of ld. CIT (A) is ex-parte qua assessee and there is no discussion on merits of the case and therefore, the matter may be restored to the file of the ld. CIT (A) for necessary adjudication.

4.

We have heard the ld. D/R and perused the material placed before us. We notice that the assessee is a Private Limited Company and against the additions made by the ld. AO for A.Y. 2014-15 for unexplained cash credit of ₹25,00,084/- u/s 68 of the Act, assessee preferred the appeal before the ld. CIT (A) taking legal grounds challenging the validity of reassessment proceedings and also challenging the impugned additions. We on perusal of the impugned order notice that assessee failed to appear on the date of hearing and also did not filed any written submissions.

6.

In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced in the Court on 3rd October, 2024 at Kolkata.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →