MAHAMANI VINIMAY PVT. LTD.,UTTAR DINAJPUR vs. I.T.O.,WARD-2(1), KOLKATA
What did the Tribunal hold?
The Tribunal noted that neither the Assessing Officer nor the CIT(A) had properly considered the assessee's supportive evidence. The matter was restored to the Assessing Officer for fresh adjudication, with the condition that the assessee must produce the directors of the investor entities.
What were the facts?
The assessee's appeal concerns the addition of share application/premium sum of ₹5,21,00,000/- to its income, which the lower authorities deemed lacking in genuineness and creditworthiness. The assessee claimed to have provided evidence but failed to produce the directors of the investor entities.
What were the issues?
Whether the share application/premium sum was genuine and whether the lower authorities properly considered the evidence provided by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH Virtual Court “A” KOLKATA
Before: Shri P.M.Jagtap, Vice- & Shri S.S.Godara
O R D E R
PER S.S.Godara, Judicial Member:
- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-17, Kolkata’s order dated 18.10.2019, passed in case No. 198/CIT(A)-17/Kol/17-18, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
With the able assistance of both the learned representatives appearing at assessee and Revenue’s behest, we notice at the outset that the former’s sole substantive grievance challenges correctness of the lower authorities’ action adding its share application / premiums sum of ₹5,21,00,000/- to be lacking genuineness and creditworthiness. We also find the CIT(A) who have affirmed the impugned addition in his lower appellate order passed ex parte. A.Y.2012-13 Mahamani Vinimay Pvt. Ltd. Vs. ITO Wd-2(1), Kol Page 2 3. Learned authorized representative submits during the course of hearing that both the lower authorities have erred in law and on facts in treating the assessee’s share application / premium sum as unexplained cash credits. He invited our attention to the Assessing Officer’s assessment order dated 12.03.2015 that although the assessee had filed all necessary evidence in support of the impugned share application / premium, it had failed to produce the corresponding investor entities’ directors. He thereafter submitted an undertaking that the assessee to very much ready to produce the said directors; if given afresh innings before the Assessing Officer.
Learned departmental representative on the other hand has submitted that the assessee had not put in appearance before the CIT(A) despite availing numerous opportunities. And all this non-cooperation resulted in the impugned addition being affirmed in lower appellate order under challenge. He fails to dispute that there is no indication in the CIT(A)’s appellate order as to whether the assessee had been actually served the relevant having notice or not. Be that as it may, the fact remains neither this Assessing Officer nor the CIT(A) have considered the assessee’s supportive evidence qua its share application / premium sum in dispute. Face with this situation, we deem it appropriate to restore the assessee’s instant sole grievance back to the Assessing Officer for afresh adjudication as per law within three effective opportunities. It is made clear that the assessee shall itself produce the investor entities’ directors before the Assessing Officer in consequential proceedings.
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