M/S BALAJI STOCK CONSULTANTS PVT. LTD.,HOWRAH vs. I.T.O.,WARD-14(4), KOLKATA

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ITA 2458/KOL/2019Status: DisposedITAT Kolkata03 February 2021AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found a violation of the principles of natural justice. Both the assessee and the Revenue agreed that the case should be restored to the AO for fresh adjudication.

What were the facts?

The assessee's appeal was filed against an ex-parte order passed by the CIT(A). The assessee contended that notices of hearing were not served, preventing them from representing their case. The AO's notices under Section 131 also remained unserved.

What were the issues?

Whether the ex-parte order passed by the CIT(A) was valid given the non-service of notices, and whether the principles of natural justice were violated.

Which sections of the Income-tax Act were involved?

Section 131,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy & Sri Aby T. Varkey

Appearances by: Sh. Soumitra Choudhury, Adv., appeared on behalf of the Assessee. Smt. Ranu Biswas, Addl. CIT, appeared on behalf of the Revenue. Date of concluding the hearing : January 28th, 2021 Date of pronouncing the order : February 3rd, 2021 ORDER

Per J. Sudhakar Reddy, AM:

1.

This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-5, Kolkata, [hereinafter the “CIT(A)”], passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dated 09.06.2017 for the Assessment Year 2012-13.

2.

After hearing rival contentions we find that the ld. CIT(A) has passed an ex-parte order. The assessee submitted that notices of hearing have not been served on the assessee and hence the company’s Counsel could not represent the case before the ld. CIT(A). Further, he submitted that the AO issued notices u/s 131 of the Act, but all these notices remained unserved. Hence, proper investigation could not be done by the AO. He argued that there is violation of principles of natural justice and hence, the case may be restored to the file of the AO for fresh adjudication in accordance with law. 3. The ld. D/R agreed that there is violation of principles of natural justice and submitted that the case may be set aside to the file of the AO for fresh adjudication in accordance with law.

Assessment Year: 2012-13 M/s. Balaji Stock Consultants Pvt. Ltd.

4.

In view of the above submissions and in view of the facts of this case, we set aside the matter to the file of the AO for fresh adjudication in accordance with law, after giving the assessee adequate opportunity of being heard.

5.

In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 3rd February, 2021. Sd/- Sd/- [Aby T. Varkey] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated: 03.02.2021 Bidhan (P.S.) Copy of the order forwarded to:

1. 1. M/s. Balaji Stock Consultants Pvt. Ltd., 5, Iswar Dutta Lane, Gr. Floor, Gola Bari, Howrah-711 101.

2. ITO, Ward-14(4), Kolkata.

3. CIT(A)-5, Kolkata. (sent through mail) 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. (sent through mail)

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