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

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.

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.

This assessee’s appeal is allowed for statistical purposes.