Facts
The assessee's income tax return for AY 2017-18 was assessed under Section 143(3), resulting in significant additions. The assessee appealed to the CIT(A), but the appeal was dismissed ex-parte due to non-compliance. Aggrieved, the assessee filed an appeal before the tribunal.
Held
The tribunal observed that the CIT(A)'s order was ex-parte and, considering an affidavit from the assessee explaining the reasons for non-compliance and undertaking to comply, decided to restore the appeal to the CIT(A) for fresh adjudication. The order confirmed by the CIT(A) was set aside, and the appeal was allowed for statistical purposes.
Key Issues
Whether the CIT(A) was justified in dismissing the appeal ex-parte due to non-compliance, and if the assessee should be granted another opportunity to present their case before the lower authorities.
Sections Cited
143(2), 143(3), 26(1)(va), 43B, 40A(ia)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Pradip Kumar Choubey&Shri Rakesh Mishra]
ORDER / आदेश Per Pradip Kumar Choubey, JM:
This is the appeal preferred by the assessee against the order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 02.08.2024 for AY 2017-18.
Assessment Year: 2017-18 J. K. Engineering Pvt. Ltd.
Brief facts of the case of the assessee is that the assessee is a public limited company, filed its return of income for AY 2017-18 declaring total income of Rs. 91,72,640/-. The case of the assessee was selected for scrutiny, notice u/s 143(2) was issued and in response to notices the AR of the assessee submitted relevant details along with documents. The AO, after considering the submission, passed an assessment order u/s 143(3) of the Act assessing the total income of Rs. 1,33,93,000/- by making following addition-an addition of Rs. 3,01,450/- being difference in ITR and service tax return, Rs. 19,45,802/- as unexplained cash credit of Rs. 1,03,824/- u/s 26(1) (va), Rs. 17,62,656/- u/s 43B of the Act and Rs. 1,06,500/- u/s 40a(ia) of the Act.
Aggrieved by the said order the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed as there was no compliance on behalf of the assessee.
Being aggrieved and dissatisfied the assessee preferred an appeal before us.
The Ld. Counsel appeared on behalf of the assessee instead of arguing into merit of the case has only prayed that the assessee has been given an opportunity to place its case before the Ld. CIT(A) as the order passed by the Ld. CIT(A) is an ex-parte order. The Ld. Counsel submits that the assessee possessed several documentary evidences to prove its case so he has been given an opportunity to place the same before the Ld. CIT(A).
Contrary to that the Ld. D.R though supports the impugned order but did not raise any objection in remitting the case back to the file of Ld. CIT(A) to pass afresh order.
Upon hearing the submission of the counsel of the respective parties, we have perused the order passed by the Ld. CIT(A) and find that the Ld. CIT(A) has confirmed the order of AO on all the issues when the assessee did not file any written submission with documentary evidences to controvert the finding of the AO. The Ld. CIT(A) has held that in absence of written submission and evidence, it remained to be unexplained Assessment Year: 2017-18 J. K. Engineering Pvt. Ltd. as to how the AO’s order is erroneous. The order passed by the Ld. CIT(A) is an ex- parte order. The AR has filed an Affidavit and given undertaking of proper compliance if the appeal is remitted back to the file of lower authorities. An affidavit filed by the assessee is herein below:
Keeping in view the Affidavit filed by the assessee and going over the order passed by the Ld. CIT(A), for the interest of justice we are inclined to restore the appeal to the file of Ld. CIT(A) for fresh adjudication. The order passed by AO confirmed by the CIT(A) is set aside.
Assessment Year: 2017-18 J. K. Engineering Pvt. Ltd. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order is pronounced in the open court on 28th April, 2025 Sd/- Sd/- (Rakesh Mishra /राकेश �म�) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 28th April, 2025 SM, Sr. PS Copy of the order forwarded to:
1. 1. Appellant- J. K. Engineering Pvt. Ltd., C/o, Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2nd Floor, Kolkata- 700069.
2. Respondent – ACIT, Circle-3(2), Gangtok 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)