THE JUTE CORPORATION OF INDIA LTD.,KOLKATA vs. ACIT, CIRCLE - 1(2), KOLKATA, KOLKATA

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ITA 953/KOL/2018Status: DisposedITAT Kolkata07 December 2020AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) did not provide evidence of proper service of hearing notices and failed to adjudicate the substantive grounds on merits. Therefore, the issues were restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal was filed against the CIT(A)'s order which disallowed gratuity provisions and business losses. The CIT(A) passed the order ex parte without dealing with the merits of the issues.

What were the issues?

Whether the CIT(A) properly adjudicated the disallowance of gratuity provisions and business losses, and whether proper opportunities for hearing were provided to the assessee.

Which sections of the Income-tax Act were involved?

Section 43(B),Section 115JB(1),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “VIRTUAL COURT-A” KOLKATA

Before: Shri P.M. Jagtap, Vice- & Shri S.S.Godara

O R D E R

PER S.S.Godara, Judicial Member:

1.

- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-1, Kolkata’s order dated 23.02.2018, passed in case No. 1008814706(1)/APL/S/APL-1/2017-18 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Case called twice. None appears at the assessee’s behest. We accordingly we dispose of the appeal ex parte after hearing the learned CIT-DR.

2.

With the able assistance of learned CIT-DR, we notice at the outset that the CIT(A)’s lower appellate order under challenge affirming the Assessing Officer’s action inter alia disallowing / adding invoking sec. 43(B) disallowance of ₹4,80,95,284/- and ₹8,05,59,686/- in the nature of provision of gratuity treated as Assessment Year:2012-13 The JCI Ltd. Vs. ACIT,Cir-1(2) Kol. Page 2 unascertained or contingent liability not considering the carry forward business loss of ₹9,01,93,657/- pertaining to assessment year 2011-12 for set off in the impugned assessment year as well as in not finalizing computation sec. 115JB(1) computation has been passed ex parte without dealing with merits of the said four folded issues followed by a detailed adjudication as contemplated u/s. 250(6) of the Act.

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