R.B. TREXIM PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE-13(2), KOLKATA, KOLKATA

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ITA 644/KOL/2022Status: DisposedITAT Kolkata17 February 2023AY 2015-20162 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay and admitted the appeals. Finding that the CIT(A) orders were ex-parte and lacked merit discussion, the Tribunal set aside the impugned orders.

What were the facts?

The assessee filed appeals before the ITAT with a significant delay. The assessee contended that they did not get an opportunity to file relevant documents and submissions before the CIT(A).

What were the issues?

Whether the assessee was denied a proper opportunity to present their case before the CIT(A) and whether the CIT(A) orders were passed without proper consideration of the merits.

AI-generated summary — verify with the full judgment below

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

Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Hearing: 16.02.2023Pronounced: 17.02.2023

Heard together (2 matters)

I.T.A. No. 643/Kol/2022
I.T.A. No. 644/Kol/2022

Read from the judgment's own cause title. This page is filed under one of them.

ORDER Per Shri Sonjoy Sarma, JM: These two appeals preferred by the assessee are against the separate orders of ld. CIT(A)-5, Kolkata dated 11.12.2018 and 06.05.2019 for A.Y. 2014-15 & 2015-16 respectively.

2.

At the outset, we find that there is a delay of 186 days in filing of the appeals by the assessee. We, after perusing the petition for condonation, are convinced that the assessee was prevented by sufficient cause from filing the appeals in time and hence delay is condoned and appeals are admitted.

3.

At the outset, ld. Counsel for the assessee submitted that the assessee did not get any opportunity to file relevant documents and submissions before ld. CIT(A), one more opportunity should be given and the issues raised in the captioned appeals may be set aside to the file of ld. CIT(A). Ld. D/R was fair enough not to oppose such prayer made by the ld. AR of the assessee.

2 & 644/Kol/2022/Kol/2022 AY: 2014-15 & 2015-16 R.B. Trexim Pvt. Ltd.

4.

We, therefore, under the given facts and circumstances of the cases, are of the considered view that since the orders of the ld. CIT(A) are ex-parte and no discussion has been made on the merits of the cases, we, in the interest of justice, set aside the impugned orders and remit it back to the file of the ld. CIT(A) for deciding the issues raised before us by way of a speaking order. We also direct the assessee to remain vigilant in receiving the notices of hearing of the ld. CIT(A) and should not request for any further adjournment unless otherwise required for reasonable cause and should file all necessary documents so as to facilitate ld. CIT(A) for passing the speaking order. Needless to mention that the assessee should be given proper opportunity of being heard.

5.

In the result, both the appeals of the assessee are allowed for statistical purposes.

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