CASSIO ELECTRONICS PRIVATE LIMITED,KOLKATA vs. I.T.O.,WARD-10(3), KOLKATA

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ITA 2569/KOL/2019Status: DisposedITAT Kolkata14 February 2020AY 2016-172 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. The issues regarding additions for reconciliation differences and Section 40A(3) disallowance were restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal for AY 2016-17 was filed with a delay of twenty-two days. The substantive grievances challenged additions made by the lower authorities on account of reconciliation issues with creditors and a Section 40A(3) disallowance.

What were the issues?

Whether the additions made on account of reconciliation issues with creditors and Section 40A(3) disallowance were justified, and if the assessee could provide necessary reconciliation and explanations.

Which sections of the Income-tax Act were involved?

Section 40A(3),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA

Before: Shri S.S, Godara

None अपीलाथ� क� ओर से/By Appellant Shri Jayanta Khanra, JCIT-SR-DR ��यथ� क� ओर से/By Respondent 05-02-2020 सुनवाई क� तार�ख/Date of Hearing 14-02-2020 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R This assessee’s appeal for assessment year 2016-17 arises against the Commissioner of Income-tax (Appeals)-4 Kolkata’s order dated 19.08.2019 passed in case No.123/CIT(A)-4/18-19, involving proceedings u/s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Case called twice. None appears at the assessee’s behest. I thus proceed ex parte against the assessee in the instant case.

2.

I notice at the outset that the assessee’s instant appeal suffers from twenty two days’ delay which is stated to be attributable communication gap and compilation of necessary records. Learned departmental representative is fair enough in not disputing all the solemn averments. I therefore condone the impugned twenty two days’ delay in filing of the instant appeal.

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