M/S EVERLIKE MERCANDISE PVT LTD ,KOLKATA vs. ITO, WARD-5(3), KOLKATA

Per Bench : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-13, Kolkata [hereinafter referred to as “the Ld. CIT(A)”] vide order no. 322/CIT(A)-13/Wd.44(2)/Kol/2015-16 dated 16.01.2019 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2012-13. 2. Shri Miraj D. Shah, AR appeared on behalf of the assessee and Shri Yogesh Mehara, Sr. DR appeared on behalf of the revenue. 3. It is a recalled matter. In this case the Ld. CIT(A) has confirmed the addition of Rs.3,24,65,000/- made by the Assessing Officer on account of unexplained cash credit being share capital and premium u/s. 68 of the 2 M/s. Everlike Mercandise Pvt. Ltd. AY: 2012-13

Act. And the second addition confirmed by the Ld. CIT(A) of Rs.1,06,393/- made on account of disallowance of expenses u/s. 14A read with Rule 8D of the Income Tax Rules, 1962. 4. Before us, the Ld. AR submitted that the Ld. CIT(A) erred in dismissing the appeal ex parte without giving proper opportunity of hearing to the assessee. Hence, the impugned order of the Ld. CIT(A) be reversed.
We find from the order of the Ld. CIT(A) that it was passed ex parte without going into the merits of the case since no one appeared on behalf of the assessee despite four opportunities being granted. Keeping this in mind and also treating this attitude against the principles of natural justice, however, we are of the view that assessee should be granted one more opportunity. This being so, the issue in this appeal is restored to the file of the Assessing Officer subject to the assessee paying a cost of Rs.25,000/- to the I.T. Bar Association (ITBA) within sixty days from the date of this order and the receipt of the same would be produced before the Assessing
Officer. Should the assessee not pay the abovementioned cost of Rs.
25,000/- within the prescribed period of sixty days from the date of this order, the order of the Ld. CIT(A) shall stand confirmed.
5. In the result, the appeal of the assessee is allowed for statistical purpose subject to above directions.
Order dictated and pronounced in the open court. (Rakesh Mishra)
Judicial Member

Dated: 6th March, 2025

JD, Sr. P.S.

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M/s. Everlike Mercandise Pvt. Ltd. AY: 2012-13

Copy to:
1. The Appellant: M/s. Everlike Mercandise Pvt. Ltd.
2. The Respondent. ITO, Ward-5(3), Kolkata
3. CIT(A)-13, Kolkata
4. Pr. CIT
5. DR, ITAT, Kolkata Bench, Kolkata
6. Guard file.By Order