M/S TEJASWANI COMMOTRADE PVT. LTD.,KOLKATA vs. ITO WARD-2(4), KOLKATA

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ITA 538/KOL/2020Status: DisposedITAT Kolkata16 December 2021AY 2012-132 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. It set aside the order of the CIT(A) and restored the matter to the Assessing Officer for fresh assessment.

What were the facts?

The assessee filed an appeal before the ITAT which was barred by 503 days. The assessee claimed non-receipt of notice from CIT(A) and subsequent pandemic-related difficulties in obtaining the order. The AO also acknowledged the need to examine the facts.

What were the issues?

Whether the delay in filing the appeal should be condoned and the matter be restored to the AO for fresh assessment due to procedural issues.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C”

Before: Shri Sanjay Garg & Shri Rajesh Kumar

order

: December 16, 2021 Hearing through Video Conferencing ORDER

Per Sanjay Garg, Judicial Member:

1.

The present appeal has been preferred by the assessee against the order dated 07.03.2019 of the Commissioner of Income Tax(Appeals)-17, Kolkata [hereinafter referred to as ‘CIT’] passed u/s 143(3) of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

The appeal is barred by 503 days as reported by the Registry. It is to be noted that the period from April 2020 till October 2020 is covered by the decision of the Hon’ble Supreme Court in the case of Miscellaneous Application No.665 of 2021 in SMW(C) No.3 of 2020. However, for the prior period i.e. from 5th April 2019 to 4th April 2020, the assessee by way of an affidavit had deposed that he never received any notice of hearing from the CIT(A) and when the assessee came to know the passing of the order by the CIT(A), he applied the copy of the same but there was outbreak of Covid 19 pandemic. The Ld. DR at this stage has submitted that even the assessment order is an ex parte order and the facts of the case need to be examined by the Assessing Officer. Both the Ld. representatives of the parties have made a common request that the matter may be Assessment Year: 2012-13 M/s Tejaswani Commotrade Pvt. Ltd restored to the file of the Assessing Officer for assessment afresh. In view of this, the delay in filing the present appeal is hereby condoned and the impugned order of the CIT(A) is set aside and the matter is restored to the file of the Assessing Officer.

3.

In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 16th December, 2021. Sd/- Sd/- [Rajesh Kumar] [Sanjay Garg] Accountant Member Judicial Member Dated: 16.12.2021. RS Copy of the order forwarded to:

1. 1. M/s Tejaswani Commotrade Pvt. Ltd.

2. ITO, Ward-2(4), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR),

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