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Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy & Sri S.S. Godara
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘B’ BENCH, KOLKATA (Before Sri J. Sudhakar Reddy, Accountant Member & Sri S.S. Godara, Judicial Member) Assessment Year: 2012-13 Tulsa Mercantiles (P) Ltd...........................…....................................................……………….…......Appellant Sevoke Road Shanti Square Building Siliguri – 734 001 [PAN : AAACT 8444 J] Deputy Commissioner of Income Tax, Circle-2, Siliguri..................................……….…....Respondent Appearances by: Shri Subash Agarwal, Advocate, appeared on behalf of the assessee. Shri Ranu Biswas, Addl. CIT Sr. D/R, appearing on behalf of the Revenue. Date of concluding the hearing : September 19th, 2019 Date of pronouncing the order : October 1st, 2019 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) - Siliguri, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 15/01/2019, for the Assessment Year 2012-13.
The assessee is a company and during the previous year it raised share capital amounting to Rs. 2,00,00,000/-, including share premium. The assessing officer made an addition u/s 68 of the Act, of this amount for the reason that there was non compliance on part of the assessee company, and the share applicants/holders, directors, of the company, to notices issued u/s 131 of the Act, even after repeated opportunities, and that the genuineness of the credit could not be proved. Aggrieved the assessee carried the matter in appeal. The ld. first appellate authority passed and ex-parte order and confirmed the addition made by the Assessing Officer u/s 68 of the Act. Aggrieved the assessee is in appeal before us.
We have heard rival contentions. On careful consideration of the facts and circumstances of the case, perusal of the papers on record, orders of the authorities below as well as case law cited, we hold as follows:-
Assessment Year: 2012-13 Tulsa Mercantiles (P) Ltd 4.1. Before us, the ld. Counsel for the Counsel for the assessee submits that the ld. CIT(A) has passed ld. CIT(A) has passed an ex-parte order. He further submitted that the A order. He further submitted that the Assessing Officer h has not given the assessee adequate opportunity adequate opportunity and had also not examined all the details filed all the details filed by the assessee. He submitted that the Assess He submitted that the Assessing Officer issued summons u/s 131 of the Act to ing Officer issued summons u/s 131 of the Act to various persons at wrong addresses and hence they could not be served on them various persons at wrong addresses and hence they could not be served on them various persons at wrong addresses and hence they could not be served on them. He prayed that the issue may be remanded back to the file of the Assessing Officer for fresh prayed that the issue may be remanded back to the file of the Assessing Officer for fresh prayed that the issue may be remanded back to the file of the Assessing Officer for fresh adjudication with a direction to pr with a direction to provide adequate opportunity to the asses ovide adequate opportunity to the assessee. 4.2. The ld. D/R, though not leaving his ground /R, though not leaving his ground ultimately submitted that ultimately submitted that the matter may be set aside to the file of the Assessing Officer for fr set aside to the file of the Assessing Officer for fresh adjudication, in accordance esh adjudication, in accordance with law.
After hearing both sid After hearing both sides we are of the opinion that this case has to be restored to es we are of the opinion that this case has to be restored to the file of the Assessing Officer. the file of the Assessing Officer. We find that this bench of the ITAT in all such cases has We find that this bench of the ITAT in all such cases has been restoring the matter to the file of the Assessing Officer for fresh adjudication. been restoring the matter to the file of the Assessing Officer for fresh adjudication. been restoring the matter to the file of the Assessing Officer for fresh adjudication. 5.1. In the case of Sriram Tie Up Pvt. Ltd. supra at para 6 and 7 held as follows: In the case of Sriram Tie Up Pvt. Ltd. supra at para 6 and 7 held as follows: In the case of Sriram Tie Up Pvt. Ltd. supra at para 6 and 7 held as follows: “6. In the case of M/s. Sukanya Merchandise Pvt. Ltd. vs ITO (ITA In the case of M/s. Sukanya Merchandise Pvt. Ltd. vs ITO (ITA In the case of M/s. Sukanya Merchandise Pvt. Ltd. vs ITO (ITA 291/Kol/2016 dated 15.12.2017) cited by the learned counsel for the assessee, a 291/Kol/2016 dated 15.12.2017) cited by the learned counsel for the assessee, a 291/Kol/2016 dated 15.12.2017) cited by the learned counsel for the assessee, a similar view has been taken by similar view has been taken by the Co-ordinate Bench of this Tribunal and the ordinate Bench of this Tribunal and the similar issue relating to the addition made under section 68 on account of share similar issue relating to the addition made under section 68 on account of share similar issue relating to the addition made under section 68 on account of share capital contribution by treating the same as unexplained cash credits is restored capital contribution by treating the same as unexplained cash credits is restored capital contribution by treating the same as unexplained cash credits is restored back by the Tribunal to the file of the A.O. i back by the Tribunal to the file of the A.O. in almost similar situation after n almost similar situation after recording its observations / findings as under: recording its observations / findings as under: We note that the AO pursuant to the order of Ld. CIT had taken note of the We note that the AO pursuant to the order of Ld. CIT had taken note of the We note that the AO pursuant to the order of Ld. CIT had taken note of the directions of the Ld. CIT and issued notice u/s. 142(1) dated 16.08.2013 and has directions of the Ld. CIT and issued notice u/s. 142(1) dated 16.08.2013 and has directions of the Ld. CIT and issued notice u/s. 142(1) dated 16.08.2013 and has acknowledged that the assessee had furnished the copy of final account, I. T. he assessee had furnished the copy of final account, I. T. he assessee had furnished the copy of final account, I. T. Acknowledgement, bank statement for the relevant period evidencing the receipt Acknowledgement, bank statement for the relevant period evidencing the receipt Acknowledgement, bank statement for the relevant period evidencing the receipt of share application money from the share applicants. Thereafter, the AO makes of share application money from the share applicants. Thereafter, the AO makes of share application money from the share applicants. Thereafter, the AO makes certain inferences based on the list o certain inferences based on the list of shareholders and taking note of the bank f shareholders and taking note of the bank statement furnished by the assessee. We note that after the initial notice dated statement furnished by the assessee. We note that after the initial notice dated statement furnished by the assessee. We note that after the initial notice dated 16.08.2013, thereafter the AO had issued the notice on 26.02.2014 which has been 16.08.2013, thereafter the AO had issued the notice on 26.02.2014 which has been 16.08.2013, thereafter the AO had issued the notice on 26.02.2014 which has been reproduced at page 3 of the reassessment order, wh reproduced at page 3 of the reassessment order, wherein AO required the erein AO required the directors of the assessee company to be present before him on 06.03.2014. directors of the assessee company to be present before him on 06.03.2014. directors of the assessee company to be present before him on 06.03.2014. However, according to the Ld. AR, the assessee received the notice only on However, according to the Ld. AR, the assessee received the notice only on However, according to the Ld. AR, the assessee received the notice only on 07.03.2014 and thereafter, the assessee requested the AO to provide another 07.03.2014 and thereafter, the assessee requested the AO to provide another 07.03.2014 and thereafter, the assessee requested the AO to provide another opportunity of hearing vide its letter dated 20.03.2014. Thereafter, the AO fixed ity of hearing vide its letter dated 20.03.2014. Thereafter, the AO fixed ity of hearing vide its letter dated 20.03.2014. Thereafter, the AO fixed the date of hearing on 12.03.2014 vide notice dated 10.03.2014. So, according to the date of hearing on 12.03.2014 vide notice dated 10.03.2014. So, according to the date of hearing on 12.03.2014 vide notice dated 10.03.2014. So, according to the assessee company since the directors were not in station till 23.03.2014, the the assessee company since the directors were not in station till 23.03.2014, the the assessee company since the directors were not in station till 23.03.2014, the Ld. AR had requested for adjournment till that time. Though the AO has stated ted for adjournment till that time. Though the AO has stated ted for adjournment till that time. Though the AO has stated Assessment Year: 2012-13 Tulsa Mercantiles (P) Ltd that he has issued summons on 24.03.2014 to the assessee company to produce that he has issued summons on 24.03.2014 to the assessee company to produce that he has issued summons on 24.03.2014 to the assessee company to produce the directors of the company before him on 26.03.2014, the assessee company the directors of the company before him on 26.03.2014, the assessee company the directors of the company before him on 26.03.2014, the assessee company contended that it has not received the said contended that it has not received the said summon and, therefore, could not summon and, therefore, could not make the personal appearance. The AO has drawn adverse conclusion basically make the personal appearance. The AO has drawn adverse conclusion basically make the personal appearance. The AO has drawn adverse conclusion basically because of non-appearance of the directors of the assessee company and that of appearance of the directors of the assessee company and that of appearance of the directors of the assessee company and that of the shareholder companies. We note that initially the AO started the shareholder companies. We note that initially the AO started the enquiry on the enquiry on 16.08.2013 which was complied by the assessee by submitting documents which 16.08.2013 which was complied by the assessee by submitting documents which 16.08.2013 which was complied by the assessee by submitting documents which has been acknowledged by the AO. Thereafter, the enquiry was started only at has been acknowledged by the AO. Thereafter, the enquiry was started only at has been acknowledged by the AO. Thereafter, the enquiry was started only at the fag end of February 2014 and the assessee company had informed the AO that the fag end of February 2014 and the assessee company had informed the AO that the fag end of February 2014 and the assessee company had informed the AO that their directors were out of station till 23.03.2014. In the light of the aforesaid irectors were out of station till 23.03.2014. In the light of the aforesaid irectors were out of station till 23.03.2014. In the light of the aforesaid facts, we are of the opinion that the assessee did not get fair opportunity to facts, we are of the opinion that the assessee did not get fair opportunity to facts, we are of the opinion that the assessee did not get fair opportunity to present the evidences before the AO so, there was a lack of opportunity as present the evidences before the AO so, there was a lack of opportunity as present the evidences before the AO so, there was a lack of opportunity as aforesaid, therefore, it has to go back to AO. has to go back to AO.
8. We also note that Ld. Cit while setting aside the order of the AO which was We also note that Ld. Cit while setting aside the order of the AO which was We also note that Ld. Cit while setting aside the order of the AO which was passed u/s. 147/143(3) of the Act, the Ld. CIT gave certain guidelines to follow for passed u/s. 147/143(3) of the Act, the Ld. CIT gave certain guidelines to follow for passed u/s. 147/143(3) of the Act, the Ld. CIT gave certain guidelines to follow for conducting deep investigation. We also note that similarly placed as conducting deep investigation. We also note that similarly placed as conducting deep investigation. We also note that similarly placed assessees had challenged the exercise of revisional jurisdiction u/s. 263 of the Act before this challenged the exercise of revisional jurisdiction u/s. 263 of the Act before this challenged the exercise of revisional jurisdiction u/s. 263 of the Act before this Tribunal in those cases one of it of Subha Lakshmi Vanijya Pvt. Ltd. Vs. CIT in ITA Tribunal in those cases one of it of Subha Lakshmi Vanijya Pvt. Ltd. Vs. CIT in ITA Tribunal in those cases one of it of Subha Lakshmi Vanijya Pvt. Ltd. Vs. CIT in dated 30.07.2015, wherein the Tribunal was pleased to No. 1104/Kol/2014 dated 30.07.2015, wherein the Tribunal was pleased to No. 1104/Kol/2014 dated 30.07.2015, wherein the Tribunal was pleased to uphold the order passed by the Ld. CIT passed u/s. 263 of the Act, which we learn d the order passed by the Ld. CIT passed u/s. 263 of the Act, which we learn d the order passed by the Ld. CIT passed u/s. 263 of the Act, which we learn to have been confirmed by the Hon’ble jurisdictional High Court and the SLP to have been confirmed by the Hon’ble jurisdictional High Court and the SLP to have been confirmed by the Hon’ble jurisdictional High Court and the SLP preferred against the decision of the Hon’ble jurisdictional High Court has been preferred against the decision of the Hon’ble jurisdictional High Court has been preferred against the decision of the Hon’ble jurisdictional High Court has been dismissed by the Hon’b dismissed by the Hon’ble Supreme Court. Therefore, similar order of the Ld. CIT le Supreme Court. Therefore, similar order of the Ld. CIT passed u/s. 263 of the Act has been upheld. We note that the AO while giving passed u/s. 263 of the Act has been upheld. We note that the AO while giving passed u/s. 263 of the Act has been upheld. We note that the AO while giving effect to the CIT’s 263 order has noted that the assessee company has in fact effect to the CIT’s 263 order has noted that the assessee company has in fact effect to the CIT’s 263 order has noted that the assessee company has in fact furnished the documents sought by him to h furnished the documents sought by him to his notice u/s. 142(1) of the Act. is notice u/s. 142(1) of the Act. However, the AO took the adverse view against the assessee on the plea that the However, the AO took the adverse view against the assessee on the plea that the However, the AO took the adverse view against the assessee on the plea that the directors of the assessee company and share subscribing companies had not directors of the assessee company and share subscribing companies had not directors of the assessee company and share subscribing companies had not appeared before him on 26.03.2014 and t after taking note that non appeared before him on 26.03.2014 and t after taking note that none appeared on e appeared on 26.03.2014 concluded on the same day 26.03.2014 that entire amount of share 26.03.2014 concluded on the same day 26.03.2014 that entire amount of share 26.03.2014 concluded on the same day 26.03.2014 that entire amount of share application money received along with premium amounting to Rs.8,06,00,000/ application money received along with premium amounting to Rs.8,06,00,000/ application money received along with premium amounting to Rs.8,06,00,000/- which has remained unexplained and added to the income of the assessee. We which has remained unexplained and added to the income of the assessee. We which has remained unexplained and added to the income of the assessee. We also note that the Ld. CIT after looking into the pernicious practice of converting at the Ld. CIT after looking into the pernicious practice of converting at the Ld. CIT after looking into the pernicious practice of converting black money into white money has given the guidelines to AO as to how the black money into white money has given the guidelines to AO as to how the black money into white money has given the guidelines to AO as to how the investigation should be conducted to find out the source of source. Since similar investigation should be conducted to find out the source of source. Since similar investigation should be conducted to find out the source of source. Since similar order of the Ld. CIT passed order of the Ld. CIT passed u/s. 263 of the Act has been upheld by the Tribunal as u/s. 263 of the Act has been upheld by the Tribunal as well as by the Hon’ble Calcutta High Court as well as the SLP has been dismissed well as by the Hon’ble Calcutta High Court as well as the SLP has been dismissed well as by the Hon’ble Calcutta High Court as well as the SLP has been dismissed by the Hon’ble Supreme Court, similar order of the Ld. CIT has to be given effect to by the Hon’ble Supreme Court, similar order of the Ld. CIT has to be given effect to by the Hon’ble Supreme Court, similar order of the Ld. CIT has to be given effect to as directed by the Ld. CIT. We ta as directed by the Ld. CIT. We take note that the Ld. CIT with his experience and ke note that the Ld. CIT with his experience and wisdom has given certain guidelines in the backdrop of black money menace wisdom has given certain guidelines in the backdrop of black money menace wisdom has given certain guidelines in the backdrop of black money menace should have been properly enquired into as directed by him. The AO ought to have should have been properly enquired into as directed by him. The AO ought to have should have been properly enquired into as directed by him. The AO ought to have followed the investigating guidelines and method as followed the investigating guidelines and method as directed by him to unearth directed by him to unearth the facts to determine whether the identity, genuineness and creditworthiness of the facts to determine whether the identity, genuineness and creditworthiness of the facts to determine whether the identity, genuineness and creditworthiness of the share subscribers. We note that the Hon’ble Supreme Court in three judges the share subscribers. We note that the Hon’ble Supreme Court in three judges the share subscribers. We note that the Hon’ble Supreme Court in three judges bench in the case of Tin Box, (supra), has held that since there was bench in the case of Tin Box, (supra), has held that since there was bench in the case of Tin Box, (supra), has held that since there was lack of opportunity to the assessee at the assessment stage itself, the assessment needs to opportunity to the assessee at the assessment stage itself, the assessment needs to opportunity to the assessee at the assessment stage itself, the assessment needs to be done afresh and thereby reversed the Hon’ble High Court, Tribunal and be done afresh and thereby reversed the Hon’ble High Court, Tribunal and be done afresh and thereby reversed the Hon’ble High Court, Tribunal and CIT(A)’s orders and remanded the matter back to AO for fresh assessment. So, CIT(A)’s orders and remanded the matter back to AO for fresh assessment. So, CIT(A)’s orders and remanded the matter back to AO for fresh assessment. So, since there was lack of opportunity as aforestated it has to go back to AO. We also was lack of opportunity as aforestated it has to go back to AO. We also was lack of opportunity as aforestated it has to go back to AO. We also Assessment Year: 2012-13 Tulsa Mercantiles (P) Ltd note that the Hon’ble Delhi High Court in the case of CIT Vs. Jansampark note that the Hon’ble Delhi High Court in the case of CIT Vs. Jansampark note that the Hon’ble Delhi High Court in the case of CIT Vs. Jansampark Advertising & Marketing Pvt. Ltd. in dated 11.03.2015 wherein Advertising & Marketing Pvt. Ltd. in ITA No. 525/2014 dated 11.03.2015 wherein Advertising & Marketing Pvt. Ltd. in ITA No. 525/2014 dated 11.03.2015 wherein after noticing inadequate enq after noticing inadequate enquiry by authorities below have held as under: uiry by authorities below have held as under: “41. We are inclined to agree with the CIT(Appeals), and consequently with ITAT, “41. We are inclined to agree with the CIT(Appeals), and consequently with ITAT, “41. We are inclined to agree with the CIT(Appeals), and consequently with ITAT, to the extent of their conclusion that the assessee herein had come up with some to the extent of their conclusion that the assessee herein had come up with some to the extent of their conclusion that the assessee herein had come up with some proof of identity of some of the entries in qu proof of identity of some of the entries in question. But, from this inference, or estion. But, from this inference, or form the fact that the transactions were through banking channels, it does not form the fact that the transactions were through banking channels, it does not form the fact that the transactions were through banking channels, it does not necessarily following that satisfaction as to the creditworthiness of the parties or necessarily following that satisfaction as to the creditworthiness of the parties or necessarily following that satisfaction as to the creditworthiness of the parties or the genuineness of the transactions in question would a the genuineness of the transactions in question would also have been established. lso have been established.
The AO here may have failed to discharge his obligation to conduct a proper 42. The AO here may have failed to discharge his obligation to conduct a proper 42. The AO here may have failed to discharge his obligation to conduct a proper inquiry to take the matter to logical conclusion. But CIT(Appeals), having noticed inquiry to take the matter to logical conclusion. But CIT(Appeals), having noticed inquiry to take the matter to logical conclusion. But CIT(Appeals), having noticed want of proper inquiry, could not have closed the chapter simply want of proper inquiry, could not have closed the chapter simply by allowing the by allowing the appeal and deleting the additions made. It was also the obligation of the first appeal and deleting the additions made. It was also the obligation of the first appeal and deleting the additions made. It was also the obligation of the first appellate authority, as indeed of ITAT, to have ensured that effective inquiry was appellate authority, as indeed of ITAT, to have ensured that effective inquiry was appellate authority, as indeed of ITAT, to have ensured that effective inquiry was carried out, particularly in the fact of the allegations of the Revenue that carried out, particularly in the fact of the allegations of the Revenue that carried out, particularly in the fact of the allegations of the Revenue that the account statements reveal uniform pattern of cash deposits of equal amounts in account statements reveal uniform pattern of cash deposits of equal amounts in account statements reveal uniform pattern of cash deposits of equal amounts in the respective accounts preceding the transactions in question. This necessitated a the respective accounts preceding the transactions in question. This necessitated a the respective accounts preceding the transactions in question. This necessitated a detailed scrutiny of the material submitted by the assessee in response to the detailed scrutiny of the material submitted by the assessee in response to the detailed scrutiny of the material submitted by the assessee in response to the notice under Section148 issued by the AO, as also the material submitted at the er Section148 issued by the AO, as also the material submitted at the er Section148 issued by the AO, as also the material submitted at the stage of appeals, if deemed proper by way of making or causing to be made a stage of appeals, if deemed proper by way of making or causing to be made a stage of appeals, if deemed proper by way of making or causing to be made a 'further inquiry’ in exercise of the power under Section 250(4). His approach not 'further inquiry’ in exercise of the power under Section 250(4). His approach not 'further inquiry’ in exercise of the power under Section 250(4). His approach not having been adopted, the imp having been adopted, the impugned order of ITAT, and consequently that of ugned order of ITAT, and consequently that of CIT(Appeals), cannot be approved or upheld." CIT(Appeals), cannot be approved or upheld." In view of the aforesaid order and in the light of the Hon’ble Supreme Court’s In view of the aforesaid order and in the light of the Hon’ble Supreme Court’s In view of the aforesaid order and in the light of the Hon’ble Supreme Court’s decision in Tin Box Company (supra) and taking into consideration the fact the decision in Tin Box Company (supra) and taking into consideration the fact the decision in Tin Box Company (supra) and taking into consideration the fact the order of the Ld. CIT passed u/s. 263 of the Act in similar cases being upheld up to f the Ld. CIT passed u/s. 263 of the Act in similar cases being upheld up to f the Ld. CIT passed u/s. 263 of the Act in similar cases being upheld up to the level of Apex Court, and taking note of Hon’ble Delhi High Court’s order in the level of Apex Court, and taking note of Hon’ble Delhi High Court’s order in the level of Apex Court, and taking note of Hon’ble Delhi High Court’s order in Jansampark Advertising & Marketing Pvt. Ltd. (supra), we set aside the order of Jansampark Advertising & Marketing Pvt. Ltd. (supra), we set aside the order of Jansampark Advertising & Marketing Pvt. Ltd. (supra), we set aside the order of the Ld. CIT(A) and remand the matter back to the file of AO for de novo remand the matter back to the file of AO for de novo remand the matter back to the file of AO for de novo assessment and to decide the matter in accordance to law after giving assessment and to decide the matter in accordance to law after giving assessment and to decide the matter in accordance to law after giving opportunity of being heard to the assessee. opportunity of being heard to the assessee.
7. We, therefore, consider it fair and proper and in the interest of justice to We, therefore, consider it fair and proper and in the interest of justice to We, therefore, consider it fair and proper and in the interest of justice to set aside the orders of the authorities below on the issue in dispute and restore the de the orders of the authorities below on the issue in dispute and restore the de the orders of the authorities below on the issue in dispute and restore the matter to the file of the A.O. to decide the same afresh after giving the assessee matter to the file of the A.O. to decide the same afresh after giving the assessee matter to the file of the A.O. to decide the same afresh after giving the assessee proper and sufficient opportunity of being heard and after taking into proper and sufficient opportunity of being heard and after taking into proper and sufficient opportunity of being heard and after taking into consideration the entir consideration the entire evidence already available on record as well as other e evidence already available on record as well as other documentary evidence which the assessee may choose to file in support of its case documentary evidence which the assessee may choose to file in support of its case documentary evidence which the assessee may choose to file in support of its case on the issue.”
The Kolkata Bench of the ITAT has passed similar order in many cases on the The Kolkata Bench of the ITAT has passed similar order in many cases on the The Kolkata Bench of the ITAT has passed similar order in many cases on the same issue of additions m e of additions made u/s 68 of the share capital and has set aside the has set aside the assessment to the file of the AO for fresh adjudication assessment to the file of the AO for fresh adjudication. The Assessing Officer may The Assessing Officer may examine the evidence already on record as well as other documenta examine the evidence already on record as well as other documentary eviden ry evidences which Assessment Year: 2012-13 Tulsa Mercantiles (P) Ltd the assessee may file before him and adjudicate the issue in accordance with the before him and adjudicate the issue in accordance with the before him and adjudicate the issue in accordance with the directions given by the ld. CIT in the order passed/s 263 of the Act, in all such cases. directions given by the ld. CIT in the order passed/s 263 of the Act, in all such cases. directions given by the ld. CIT in the order passed/s 263 of the Act, in all such cases.
Keeping in view the totality of the facts and circumstances of the case and also Keeping in view the totality of the facts and circumstances of the case and also Keeping in view the totality of the facts and circumstances of the case and also the orders of the Co-ordinate Bench of the Tribunal in similar matters, we set aside this ordinate Bench of the Tribunal in similar matters, we set aside this ordinate Bench of the Tribunal in similar matters, we set aside this issue to the file of the AO for fresh adjudication in accordance with law, after giving the to the file of the AO for fresh adjudication in accordance with law, after giving the to the file of the AO for fresh adjudication in accordance with law, after giving the assessee adequate opportunity of being heard. assessee adequate opportunity of being heard.
In the result, appeal of the In the result, appeal of the assessee is allowed for statistical purposes. s allowed for statistical purposes. Kolkata, the Kolkata, the 1st day of October, 2019. Sd/- Sd/- [S.S. Godara] [J. Sudhakar Reddy J. Sudhakar Reddy] Judicial Member Accountant Member Accountant Member Dated : 01.10.2019 {SC SPS} Copy of the order forwarded to: 1. Tulsa Mercantiles (P) Ltd Sevoke Road Shanti Square Building Siliguri – 734 001 2. Deputy Commissioner of Income Tax, Circle Deputy Commissioner of Income Tax, Circle-2, Siliguri 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata. Benches, Kolkata.