VFS CAPITAL LTD EARLIER KNOWN AS VILLAGE FINANCIAL SERVICES LTD (SUCCESSOR OF SHIVAM INVESTMENT ADVI,KOLKATA vs. DCIT, CIRCLE 11(1), KOLKATA
Before: SHRI DUVVURU RL REDDY, VP & SHRI RAJESH KUMAR, AM VFS Capital Ltd. (earlier known as village Financial Services Ltd.) (Successor of Shivam Investment Advi) F-15, Geet Anjali Park, 18/3A, Kumud Ghoshal Road, Ariadaha-700057, West Bengal Vs. DCIT, Circle 11(1), Kolkata Aaykar Bhavan, P-7, Chowringhee Square, Kolkata-700069 West Bengal (Appellant) (Respondent) PAN No. AAECS3377B
Per Rajesh Kumar, AM:
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 07.11.2023 for the AY 2018-19. 02. At the outset, the ld. Counsel for the assessee submitted before the Bench that the order passed by the Ld. CIT(A) u/s. 250 of the Act was without providing sufficient opportunity to the assessee and as such the order is bereft of natural justice and is liable to be set aside.
03. On the other hand, the learned Departmental Representative did not object to such prayer made by the assessee before the Bench.
VES Capital Ltd; A.Y. 2018-19
We after hearing the submission of the parties and perusing the material available on record, we find that impugned order passed by NeAC was upheld by NFAC without looking into the merits of the case by simply dismissing the appeal of the assessee in limine. We therefore, in the larger interest of justice and fair play deem it appropriate to restore the issue back to the file of the ld. CIT (A) for necessary adjudication for which reasonable opportunity to be provided to the assessee. The assessee is also directed not seek any adjournments unless otherwise required for reasonable cause. The appeal of the assessee is allowed for statistical purposes. 05. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 22.07.2025. (DUVVURU RL REDDY) (RAJESH KUMAR) (VICE PRESIDENT) (ACCOUNTANT MEMBER)
Kolkata, Dated: 22.07.2025
Sudip Sarkar, Sr.PS
Sudip Sarkar, Sr.PS
Copy of the Order forwarded to:
1. The Appellant
2. The Respondent
3. CIT
4. DR, ITAT,
5. Guard file.
BY ORDER,//
Sr. Private Secretary/ Asst.