HYGIEIA BIOGENICS (P) LTD.,KOLKATA vs. A.C.I.T.,CIRCLE-2(2), KOLKATA

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ITA 183/KOL/2019Status: DisposedITAT Kolkata22 July 2020AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A)'s order did not discuss all relevant issues on merits as required by law. Therefore, the matter was restored back to the CIT(A) for proper adjudication.

What were the facts?

The assessee's appeal for AY 2014-15 was against the CIT(A)'s order which affirmed the AO's additions. These additions included unexplained share capital/premium, disallowed loans, remittances, ESI/PF, donations, and other expenses.

What were the issues?

Whether the CIT(A) properly adjudicated all the issues on merits as per the law, and if there was a communication gap leading to non-adjudication of certain points.

Which sections of the Income-tax Act were involved?

Section 144,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D”

Before: SHRI P.M. JAGTAP, V.P & SHRI S. S. GODARA, JM

For Appellant: Shri Subash Agarwal, Advocate
Hearing: 10/06/2020Pronounced: 22/07/2020

BEFORE SHRI P.M. JAGTAP, V.P & SHRI S. S. GODARA, JM आयकर अपीलसं./ (�नधा�रण वष� / Assessment Year: 2014-15) Hygieia Biogenics (P) Ltd. Vs. ACIT, Circle-2(2), Kolkata C/o Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2nd Floor, Kolkata – 700069. �थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACCH6877K (Appellant) .. (Respondent) Appellant by : Shri Subash Agarwal, Advocate Respondent by : Shri Imokaba Jamir, CIT सुनवाईक�तार�ख/ Date of Hearing : 10/06/2020 घोषणाक�तार�ख/Date of Pronouncement : 22/07/2020 आदेश / O R D E R Per Shri S. S. Godara: This assessee’s appeal for assessment year 2014-15 arises against the Commissioner of Income Tax (A) - 12, Kolkata dated 18.12.2018 passed in Case No.10081/CIT(A)-12/Kol./Cir.2(2)/2018-19 involving proceedings u/s 144 of the Income Tax Act, 1961[in short ‘the Act’]. Heard both the parties. Case file perused.

2.

We notice at the outset that the CIT(A)’s lower appellate order has affirmed the Assessing Officer’s action inter alia adding assessee’s share capital/premium of Rs.22.27 crores as unexplained cash credits, disallowing long-term loans squared up during the year amounting to Rs.5,09,82,295/-, remittance disallowance of Rs.11,86,600/-, ESI/PF disallowance of Rs.6,34,194/-, donation of Rs.1,00,000/-, section 40(a)(ia) disallowance of Rs.4,99,168/- and disallowance of filing fees along with preliminary expenses of Rs.4,76,050/- and 3,60,000/-; respectively.

3.

Case file suggests that although the CIT(A)’s order has marked assessee’s authorized representative’s attendance, has not discussed all the relevant issues followed by his detailed discussion as contemplated u/s 250(6) of the Act. Learned departmental representative submits that the assessee’s counsel chose to appear in last day of hearing before the CIT(A). Learned authorized representative on the other hand has invited our attention to the assessee’s detailed affidavit on 08.10.19 indicating some communication gap with its counsel who could not appear before the CIT(A). Be that as it may, the fact remains that the CIT(A)’s lower appellate order has not adjudicated all the foregoing issues on merits as per law. We therefore are of the view that larger interest of justice would be met in case the matter is restored back to the CIT(A) for his lower appellate adjudication. We order accordingly.

4.

This assessee’s appeal is allowed for statistical purposes.

Order is pronounced in the open court on 22.07.2020.

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