M/S NADIA PRIMARY TEACHERS TRAINING INSTITUTE,KRISHNAGAR vs. I.T.O.,WARD-41(1), NADIA

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ITA 2050/KOL/2019Status: DisposedITAT Kolkata13 July 2020AY 2013-142 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee needed to obtain Form No. 26A and had not yet done so. Considering the COVID-19 situation, the Tribunal granted another opportunity to the assessee.

What were the facts?

The assessee's appeal was against an order of the CIT(A) for AY 2013-14. No one appeared for the assessee, but the appeal was disposed of ex-parte on merits after hearing the Departmental Representative.

What were the issues?

The primary issue was the disallowance under Section 40(a)(ia) of the Act. The assessee's failure to provide necessary documentation (Form 26A) led to the remand.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy, Hon’ble

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA (Before Sri J. Sudhakar Reddy, Hon’ble Accountant Member) [VIRTUAL COURT HEARING] Assessment Years: 2013-14 M/s. Nadia Primary Teacher’s Training Institute….................................……………….…......Appellant C/o. Partha Sarathi Gupta, Advocate 100, Bank Lane Hatar Para P.O.:- Krishnagar Dist.:- Nadia PIN - 741 101 [PAN : AABAN 7365 H] Vs. Income Tax Officer, Ward - 41(1), Nadia……......………..……………….............….……....…....Respondent Appearances by: None, appeared on behalf of the assessee. Shri Jayanta Khanra, JCIT, D/R, appearing on behalf of the Revenue. Date of concluding the hearing : July 13th, 2020 Date of pronouncing the order : July 13th, 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) – 12, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 12/06/2019 for the Assessment Year 2013-14.

2.

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

3.

Heard the ld. D/R. The sole issue is that the disallowance u/s 40(a)(ia) of the Act, which is restricted to 30%. I find that the assessee sought time to obtain Form No. 26A from the Chartered Accountant. Such certificate is yet to be obtained. The assessee should have by now obtained a certificate and filed the same. As these are COVID-19 days, I deem it fit to give yet another opportunity to the assessee. Hence, I set aside the matter to the file of the Assessing Officer for fresh adjudication, in accordance with law, after giving the assessee adequate opportunity of being heard.

Assessment Years: 2013-14 M/s. Nadia Primary Teacher’s Training Institute M/s. Nadia Primary Teacher’s Training Institute 4. In the result, the appeal of the In the result, the appeal of the assessee is allowed for statistical purposes allowed for statistical purposes. Kolkata, the Kolkata, the 13th day of July, 2020.

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