THE INDIAN TEXTILES COMPANY PRIVATE LIMITED,KOLKATA vs. D.C.I.T.,CIRCLE-12(2), KOLKATA

PDF · subscribers
ITA 315/KOL/2020Status: DisposedITAT Kolkata16 September 2020AY 2013-142 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal set aside the disallowance under Section 14A to the Assessing Officer for fresh adjudication. This was because the CIT(A) did not provide adequate opportunity to the assessee or consider its written submissions.

What were the facts?

The assessee's appeal was filed against the CIT(A)'s order. No one appeared for the assessee, and no adjournment was sought, leading to an ex-parte hearing.

What were the issues?

Whether the CIT(A) provided adequate opportunity to the assessee and considered its submissions regarding the disallowance under Section 14A.

Which sections of the Income-tax Act were involved?

Section 14A,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy, Hon’ble & Sri Aby T. Varkey, Hon’ble

order : September 16th, 2020 ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) – 4, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 21/01/2019, for the Assessment Year 2013-14.

2.

None appeared on behalf of the assessee. There is no application for adjournment either. Under these circumstances, we dispose off the case ex-parte on merits qua the assessee after hearing the ld. Departmental Representative.

3.

Heard the ld. D/R. The only issue that the assessee agitates in this appeal is the disallowance u/s 14A of the Act. The ld. CIT(A) has not given adequate opportunity to the assessee to represent its case nor has considered the written submission on this issue of disallowance u/s 14A. Hence, we set aside this issue of disallowance u/s 14A of the Act to the file of the Assessing Officer for fresh adjudication, in accordance with law, after giving the assessee adequate opportunity of being heard.

4.

In the result, appeal of the assessee is allowed for statistical purposes.

Kolkata, the 16th day of September, 2020.

1.

Sd/- Sd/- [Aby T. Varkey] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated : 16.09.2020 {SC SPS}

Assessment Year: 2013-14 The Indian Textiles Company Private Limited The Indian Textiles Company Copy of the order forwarded to: 1. The Indian Textiles Company Private Limited Company Private Limited No.1, Ahiripukur Road Kolkata - 700 070

2. Deputy Commissioner of Income Tax, Circle Deputy Commissioner of Income Tax, Circle-12(2), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata.

More judgments on Section 14A

All 15,875 judgments and leading authorities on Section 14A →

Recent GST High Court judgments

Search GST case law →