M/S. SENCO GOLD LIMITED,KOLKATA vs. DCIT, CIR-11, KOLKATA

आदेश /O R D E R PER S.S.Godara, Judicial Member:- This assessee’s appeal for assessment year 2014-15 arises against the Commissioner of Income Tax (Appeals)-21 Kolkata’s order dated 04.07.2019 passed in case No. 10566/CC-4(1)/CIT(A)-21/kol/2018-19, AY 2013-14 10567/CC-4(1)/CIT(A)-21/kol/2018-19, AY 2014-15, involving proceedings 153A r.w.s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’.

ITA No.2101/Kol/2019 A.Y. 2014-15 M/s Senco Gold Ltd. Vs. DCIT, CC-4(1), Kol. Page 2 “1. For that in the facts and circumstances of the case the appellate order passed was in violation of principals of natural justice hence is bad in law and be quashed. 2. For that in the facts and circumstances of the case the assessment made u/s 153A of the IT Act 1961 was bad in law and hence the appellate order passed by the Ld. CIT(A) based on the assessment order is bad in law and be quashed. 3. For that in the facts and circumstances of the case the assessment made u/s 153A of the IT Act 1961 was without any satisfaction of the relevant Assessing officer hence the proceedings were bad in law and hence the order be quashed. 4. For that in the facts and circumstances of the case the additions/ disallowances made u/s 153A of the IT Act 1961 was beyond the scope of the said section and hence bad in law and hence the order be quashed and/ or the addition/ disallowances be deleted. 5. For that in the facts and circumstances of the case the additions/ disallowances made u/s 153A of the IT Act 1961 was not based on any incriminating documents / material/ evidences found in the search which and hence the additions / disallowance made were beyond the scope of the said .section hence the appellate order passed by the Ld CIT(A) based on the assessment order is bad in law and be quashed and/or the addition/ disallowances be deleted. 6. For that in the facts and circumstances of the case the assessment had abetted and hence the additions / disallowances made u/s 153A of the IT Act 1961 was beyond the scope of the said section and hence the appellate order passed by the Ld CIT(A) based on the assessment order is bad in law and be quashed and/or the addition / disallowances be deleted. 7. For that in the facts and circumstances of the case the Learned Assessing Officer be directed to grant full MAT credit claimed at the time of filing of return of income amounting to Rs.3,13,90,196 as claimed in the return of income. 8. For that in the facts and circumstances of the case the Learned Assessing Officer be directed to grant credit of the Advance Tax paid by Ms Senco Impex Private Limited, PAN AAKCA3397B, which was merged with the assessee company w.e.f. 01/04/2013 by the order of the Calcutta High Court in CP No 51-2014. 9. For that in the facts and circumstances of the case the Learned Assessing Officer be directed to grant credit of the TDS in the hands of Ms Senco Impex Private Limited, PAN AAKCA3397B, which was merged with the assessee company w.e.f. 01/04/2013 by the order of the Calcutta High Court in CP No 51-2014.

ITA No.2101/Kol/2019 A.Y. 2014-15 M/s Senco Gold Ltd. Vs. DCIT, CC-4(1), Kol. Page 3 10. For the Learned Assessing Officer be directed to recompute the tax and interest after giving effect to the above grounds 11. For that the learned CIT (Appeals) erred in confirming the interest u/s 234 A/B/C the same was unjustified and hence the same be recalculated as per the applicable law. 12. The appellant craves leave to produce additional evidences in terms of Rule 29 of the Income Tax (Appellate Tribunal) Rules 1963.

ITA No.2101/Kol/2019 A.Y. 2014-15 M/s Senco Gold Ltd. Vs. DCIT, CC-4(1), Kol. Page 4 assessee’s above sole grievance back to the Assessing Officer ourselves for afresh adjudication as per law within three effective opportunities of hearing. The assessee is directed to appear in consequential proceedings on or before 30.06.2020 alongwith a copy of the instant order.