M/S. KLENZER TRADING PVT. LTD.,KOLKATA vs. I.T.O., WARD - 7(3), KOLKATA, KOLKATA

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ITA 111/KOL/2023Status: DisposedITAT Kolkata21 January 2025AY 2012-20132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal accepted the assessee's prayer to restore the appeal to the Assessing Officer. The assessee undertook to produce the directors of subscribing companies for examination, allowing for necessary verification.

What were the facts?

The assessee's appeal was against an order for AY 2012-13. The Assessing Officer made an addition due to non-compliance with a summons issued under Section 131 to the directors of the assessee company.

What were the issues?

Whether the addition made by the AO was justified due to non-compliance with summons. The issue of allowing the assessee to produce directors for examination was considered.

Which sections of the Income-tax Act were involved?

Section 131

AI-generated summary — verify with the full judgment below

IN THE INCOME TAX APPELLATE TRIBUNAL "D" BENCH, KOLKATA

BEFORE SHRI RAJESH KUMAR, AM AND SHRI PRADIP KUMAR CHOUBEY, JM

ITA No.111/KOL/2023 (Assessment Year:2012-13)

ITO, Ward-7(3),

M/s Klenzer Trading Pvt. Ltd.

18, Rabindra Sarani, Kolkata-700001, West Bengal Vs.

Aaykar Bhavan, 5th Floor , P-7 , Chowringhee Square, Kolkata-700069 West Bengal

(Appellant) (Respondent)

PAN No. AABCK0968R

Assessee by : Shri S. Jhajaria, AR

Revenue by : Shri Arun Kanti Dutta, DR

Date of hear ing: 15 .01 .2025 Date of pronouncement : 21.01.2025

O R D E R

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 27.01.2023 for the AY 2012-13.

2.

At the outset, the ld. Counsel for the assessee submitted that the ld. AO has made addition for the reason that there was no compliance to the summons issued u/s 131 of the Act to the Directors of the assessee company. The ld. AR has filed an affidavit before this Bench undertaking that in case the appeal is restored to the file of the ld. AO the assessee will produce the directors of the subscribing companies for examination before the ld. AO so that the necessary verification could be made. Therefore, the ld. AR prayed that the file may be restored to the file of the ld. Assessing Officer for re-adjudication.

- 03. The ld. DR left the issue to the wisdom of the Bench. - 04. We, therefore, accepting the prayer of the assessee restore the appeal to the file of the ld. Assessing Officer with a direction to examine the directors of the subscribing companies and re-adjudicate the matter. - 05. In the result, the appeal of the assessee is statistically allowed.

Order pronounced in the open court on 21.01.2025.

Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR)

(JUDICIAL MEMBER) (ACCOUNTANT MEMBER)

Kolkata, Dated: 21.01.2025

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,

True Copy//

Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata

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