M/S VIRTUOUS DEALERS PVT. LTD.,KOLKATA vs. I.T.O.,WARD-2(4), KOLKATA

आदेश /O R D E R PER S.S.Godara, Judicial Member:- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-17, Kolkata’s order dated 19.07.2019, passed in case No. 492/CIT(A)-17/Kol/17-18 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. It is accordingly proceeded ex parte. 2. With the able assistance of learned departmental representative we notice at the outset that the CIT(A)’s lower appellate order under challenge inter alia affirming the Assessing Officer’s action treating the assessee’s share capital / premium sum of Assessment Year:2012-13 M/s Virtuous Dealers Pvt. Ltd. Vs. ITO Wd-2(4), Kol. Page 2 ₹1,50,00,000/- as unexplained cash credits u/s 68 followed by the sec. 14A r.w.s. Rule 8D disallowance of ₹67,715/-, has been passed ex parte without dealing with the corresponding detailed documentary evidence available in the case file as it is evident from a perusal of the assessment order dated 16.03.2015 passed u/s 143(3) of the Act.