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Income Tax Appellate Tribunal, KOLKATA BENCH “VIRTUAL B” KOLKATA
Before: Shri J.Sudhakar Reddy & Shri S.S.Godara
आदेश /O R D E R PER S.S.Godara, Judicial Member:- These three assessees’ appeal(s) for assessment year(s) 2012-13, 2015-16 & 2013-14 arise against the Commissioner of Income Tax (Appeals)-17, CIT(A)-15 & CIT(A)-4 Kolkata’s order(s) dated 06.02.2019, 31.045.2019 & 19.12.20019 passed in case Nos. 454/CIT(A)-17/Kol/17-18,169/CIT(A)-15/17-18/Cir.5211(1)/Kol &122/CIT(A)-4/19-20 involving proceedings u/s 143(3); respectively of the Income Tax Act, 1961; in short ‘the Act’respectively. Heard the respective parties. Case file(s) perused.
It emerges at the outset with the able assistance of the learned representative(s) appearing for the assessee(s) and the Revenue that the CIT(A)s’ respective orders under challenge have been passed ex parte thereby affirming the Assessing Officer’s action treating share application / premium sum(s) ₹4,50,26,611 as unexplained cash credits followed by the sec. 14A r.w.s. 8D disallowance of ₹26,611, sec. 50C and sec. 50 addition(s) of ₹29,25,656/- and puja expenses disallowance of ₹135,000/- and unexplained expenditure of ₹31,69,010/-, interest on late payment of ₹7,137/- and prior period expenses of ₹4,23,124/-; appeal-wise respectively, have been passed ex parte. The Revenue fails to dispute that none of the said lower appellate orders under challenge forming subject-matter of instant three cases has framed any point of determination followed by detailed adjudication thereupon as contemplated u/s 250(6) of the Act. We therefore deem it appropriate to restore all the these appeals back to the & 217/Kol/2020 A.Ys 12-13, 15-16 & 113-14 Page 3 CIT(A) for their afresh adjudication of all the issue(s) raised therein within three effective opportunities of hearing to the corresponding taxpayers as per law.