NAINA DEVI COMMERCE PRIVATE LIMITED ,KOLKATA vs. ITO, WARD - 6(3), KOLKATA

आयकर अपीलȣय अͬधकरण, कोलकाता पीठ “ए’’, कोलकाता
IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA
Įी राजेशकुमार, लेखा सटèय एवं Įी Ĥदȣप कुमार चौबे, ÛयाǓयक सदèय के सम¢
[Before Shri Rajesh Kumar, Accountant Member & Shri Pradip Kumar Choubey, Judicial Member]
I.T.A. No. 621/Kol/2024
Assessment Year: 2017-18

Naina Devi Commerce Pvt. Ltd.

(PAN: AACCN 9537 E)
Vs.
ITO, Ward-6(3), Kolkata

Appellant /

)
अपीलाथȸ
(

Respondent / Ĥ×यथȸ

Date of Hearing / सुनवाई
कȧ Ǔतͬथ
09.01.2025
Date of Pronouncement/
आदेश उɮघोषणा कȧ Ǔतͬथ
15.01.2025
For the Appellant/
Ǔनधा[ǐरती कȧ ओर से
Shri Manish Tiwari, A.R
For the Respondent/
राजèव कȧ ओर से
S. Datta, CITDR

ORDER / आदेश
Per Rajesh Kumar, AM:

This is an appeal preferred by the assessee against the order of the Ld.
Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 31.01.2024 for the AY 2017-18. 2. There are two issues in the present appeal, one is against the confirmation of addition of Rs. 48,58,090/- as made by the AO by making an addition @ 1% of total investments of Rs. 48,58,09,000/- which could not be verified and second is against the confirmation of addition of Rs. 5,52,46,800/- by the Ld. CIT(A) as made by the 2

I.T.A. No.621/Kol/2024
Assessment Year: 2017-18

Naina Devi Commerce Pvt. Ltd.

AO on account of interest income on loan and advances which could not be verified due to non-compliance by the assessee.
3. After hearing the rival contentions and perusing the material on record, we find that the assessee was not compliant before the AO as well as before the Ld. CIT(A) and therefore orders by both the authorities below were passed without the merits of the case being taken into account as the assessee failed to show up on the various dates given by these parties. During the course of hearing, the Ld. Counsel prayed before us that the assessee could not appear before either of the authorities below due to reasons which were beyond the control of the assessee and therefore, in the interest of justice and fair play the assessee may kindly be given one more opportunity to present the case on merit before the AO. Accepting the prayers of the assessee, we are inclined to restore the appeal to the file of AO with the direction to decide the same after affording reasonable opportunity to the assessee. Simultaneously, we direct the assessee to co-operate in the set aside assessment proceedings.
4. In the result, the appeal of the assessee is allowed for statistical purposes.

Order is pronounced in the open court on 15th January, 2025 (Pradip Kumar Choubey /Ĥदȣप कुमार चौबे)

(Rajesh Kumar/राजेश कुमार)
Judicial Member/ÛयाǓयक सदèय
Accountant Member/लेखा सदèय

Dated: 15th January, 2025

SM, Sr. PS

I.T.A. No.621/Kol/2024
Assessment Year: 2017-18

Naina Devi Commerce Pvt. Ltd.

Copy of the order forwarded to: