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Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy]
Date of concluding the hearing : March 12, 2019 Date of pronouncing the order : April 30 ,2019 O R D E R Per J. Sudhakar Reddy :- This is an appeal filed by the assessee directed against the order of the ld. Commissioner of Income Tax (Appeals) - 12, Kolkata (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dated 09/03/2017 for the Assessment Year 2012-13.
The Hon’ble Calcutta High Court in GA No.2254 of 2018 in of 2018 by judgment dated 13th September, 2018, had remanded back the appeal to the Income Tax Appellate Tribunal with a direction to decide the issue in accordance with law after giving the assessee adequate opportunity of being heard. The Hon’ble High Court had also stated that the Tribunal will be at liberty to remand the matter to the Assessing Officer if it so thinks fit.
The issue in question is an addition u/s 68 of the Act.
Both the parties have submitted before us that the issue should be remanded back to the file of Assessing Officer so as to enable the assessee to submit evidences in support of its case and for the Assessing Officer to conduct proper enquiries on this issue. They pointed out to the liberty given by the Hon’ble High Court on this issue.
In view of the submissions of both parties, we restore two issues to the file of the Assessing Officer for his fresh adjudication in accordance with law after giving the assessee adequate opportunity of being heard.
The assessee is at liberty to furnish fresh evidences in support of its claim and the Assessing Officer is at liberty to conduct further investigations in the matters. 7. In the result, the appeal of the assessee is allowed for statistical purposes.