KALASHDAN REALBUILD PVT. LTD.,NEW DELHI vs. I.T.O.,WARD-4(4), KOLKATA
What did the Tribunal hold?
The Tribunal restored the issue back to the Assessing Officer for fresh adjudication. The assessee was directed to pay Rs. 10,000/- as cost and was granted three effective opportunities to prove the identity, genuineness, and creditworthiness of the investors.
What were the facts?
The assessee's appeal concerns an ex parte order by the CIT(A) which treated security premium as unexplained cash credits. The assessee failed to appear before lower authorities due to a change in its director's address from Kolkata to Delhi.
What were the issues?
Whether the ex parte order passed by the CIT(A) was justified, and if the assessee should be given an opportunity to present its case due to a change in address.
Which sections of the Income-tax Act were involved?
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:
- This assessee’s appeal for assessment year 2013-14 arises against the Commissioner of Income Tax (Appeals)-2, Kolkata dated 21.11.2019, passed in case No. CIT(A), Kolkata-2/10462/2016-17 u/s 144 of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
We notice at the outset with the able assistance of both the learned representatives that the CIT(A)’s lower appellate order under challenge affirming the Assessing Officer’s action treating the assessee’s security premium amount of ₹74,25,000/- as unexplained cash credits u/s 68 of the Act in best judgment assessment dated 07.03.2016 has been passed ex parte.
More judgments on Section 68
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- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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