NORTH WEST COAL CO. LTD.,KOLKATA vs. I.T.O., WARD - 1(1), KOLKATA

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ITA 2151/KOL/2024Status: DisposedITAT Kolkata17 January 2025AY 2017-2018Bench: Shri Pradip Kumar Choubey (Judicial Member), Shri Rakesh Mishra (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, noting the ex-parte nature of the CIT(A)'s order and the assessee's plea for opportunity, restored the case to the CIT(A) for fresh adjudication. This allows the assessee to present documentary evidence in support of its claims.

What were the facts?

The assessee, engaged in loan, advances, and share trading, filed income of Rs. 56,131/- for AY 2017-18. After a Section 148 notice, the AO assessed income at Rs. 1,22,56,131/- as no reply was received. The CIT(A) dismissed the assessee's appeal ex-parte due to non-filing of evidence.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without providing a proper opportunity to the assessee to submit evidence, thereby necessitating fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 148,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” 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 order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 29.08.2024 for AY 2017-18.

2.

Brief facts of the case of the assessee is that the assessee company is engaged in the business of granting of loan and advances and trading in shares and securities. The Assessment Year: 2017-18 North West Coal CO. Ltd. assessee has filed its return of income for AY 2017-18 declaring net taxable income of Rs. 56,131/-. Notice u/s 148 was issued , the assessee was given show cause notice, no reply received from the assessee. Accordingly, the AO has held that the assessee had nothing to sell and assessment has been done declaring total income of the assessee at Rs. 1,22,56,131/-.

3.

The said order has been challenged by the assessee before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed by holding that the assessee did not file any other evidences in support of the claims.

Being aggrieved and dissatisfied the assessee preferred an appeal before us.

4.

The Ld. Counsel of the assessee challenges the impugned order thereby submitting that the Ld. CIT(A) did wrong in passing the order u/s 250 being ex-parte without going into the merits of the case. The Ld. Counsel submits that the assessee has to be given an opportunity to place all the documentary evidences before the Ld. CIT(A). The Ld. Counsel for the assessee filed the documentary evidences before us.

5.

The Ld. D.R supports impugned order.

6.

We have perused the order of Ld. CIT(A) and find that there was no reply on behalf of the assessee on the notices issued by the Ld. CIT(A) and as per the order of Ld. CIT(A) in spite of sufficient opportunity afforded to the assessee, the assessee did not file any reply. Accordingly, the appeal of the assessee has been dismissed. The contention of ld. Counsel of the assessee is that the assessee has to be given an opportunity to place his case before the Ld. CIT(A). The Ld. Counsel for the assessee filed following documents before us: i) copy of audited balance sheet and profit and loss account. ii) Copy of ledger and confirmation of action of Good Point Real Estate Pvt. Ltd. in the books of assessee company for the period from 01.04.2016 to 31.03.2017.

Assessment Year: 2017-18 North West Coal CO. Ltd. 7. In the interest of justice, we are inclined to give an opportunity to the assessee to place its case before the Ld. CIT(A) as the order passed by the Ld. CIT(A) is an ex- parte order. Accordingly, the record of the assessee is hereby restored in the file of Ld. CIT(A) for fresh adjudication by giving an opportunity to place the documents in support of his case.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

Order is pronounced in the open court on 17th January, 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: 17th January, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- North West Coal Co. Ltd., 15, Canal East Road, Ultadanga, Kolkata- 700067 2. Respondent – ITO, Ward-1(1), Kolkata 3. Ld. CIT(A)- NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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