M/S. SONATA COMMERCIAL PRIVATE LIMITED,GUWAHATI vs. ITO, WARD - 4(1), KOLKATA, KOLKATA

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ITA 1158/KOL/2018Status: DisposedITAT Kolkata17 May 2019AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) did not properly adjudicate the issue as required by law and that the Assessing Officer did not conduct independent inquiries as directed by the CIT's revision order. Therefore, the appeal was restored to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee's appeal concerns the addition of ₹6.47 crores of share capital/premium as income from undisclosed sources for AY 2008-09. The CIT(A) had passed an ex parte order against the assessee for non-appearance.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal ex parte, and whether the Assessing Officer conducted independent inquiries as per the CIT's revision direction.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263,Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA

Before: Shri S.S.Godara & Dr. A.L. Saini

O R D E R

PER S.S.Godara, Judicial Member:

1.

- This assessee’s appeal for assessment year 2008-09 arises against the Commissioner of Income Tax (Appeals)-7, Kolkata’s order dated 28.03.2018 passed in case No.529/CIT(A)-7/Kol/Ward-4(1)/16-17, involving proceedings u/s 143(3) r.w.s. 263 r.w.s147 of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.

2.

The assessee’s sole substantive ground raised in the instant appeal challenges correctness of both the lower authorities action treating its share capital / premium amounting to ₹6.47 crores as “income from undisclosed sources”. There is no dispute that the CIT(A) has passed his lower appellate order ex parte against the assessee after observing that it had failed to appear during the course of lower

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