RAJESHWARI IRON AND STEEL COMPANY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 1(1),, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRAAssessment Year: 2013-14
Per Bench : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld. CIT(A)”] vide order no. ITBA/NFAC/S/250/2023-24/1067464896(1) dated 08.08.2024 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2013-14. 2. Shri Miraj D. Shah, AR appeared on behalf of the assessee and Shri Praveen Kishore, CIT, DR appeared on behalf of the revenue. 3. The Assessing Officer made the additions u/s. 68 of the Act as unexplained income in the assessment order passed u/s. 147 r.w.s. 144 r.w.s. 144B of the Act. The order of the Ld. CIT(A) is also an ex parte order.
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Rajeshwari iron & Steel Co. P. ltd. AY: 2013-14
At the time of hearing before us, the Ld. Counsel for the assessee prayed before the Bench to set aside the orders of both the authorities below and restore the appeal to the file of the Assessing Officer to de novo adjudicate the issue. Ld. Sr. DR opposed this prayer of the assessee.
4. Since the assessee despite providing sufficient opportunities of hearing before the Ld. CIT(A) did not present itself in the appellate proceedings, keeping this in mind and also treating this attitude against the principles of natural justice, 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 IT Bar Association (ITBA) within sixty days from the date of this order and receipt of the same would be produced before the Ld. Assessing Officer. Should the assessee not pay the above mentioned 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 pronounced in the open court. (Rakesh Mishra)
Judicial Member
Dated: 25th February, 2025
JD, Sr. P.S.
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Rajeshwari iron & Steel Co. P. ltd. AY: 2013-14
Copy to:
The Appellant: Rajeshwari Iron & Steel Co. Pvt. Ltd. 2. The Respondent. DCIT, Circle-1(1), Kolkata 3. CIT(A), NFAC, Delhi 4. Pr. CIT 5. DR, ITAT, Kolkata Bench, Kolkata 6. Guard file.By Order