ITO, WARD - 41(2), NADIA, NADIA vs. SHRI BAPI SADHUKHAN, NADIA

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ITA 1480/KOL/2017Status: DisposedITAT Kolkata30 April 2019AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

Both parties agreed that the issue should be remanded back to the Assessing Officer to allow the assessee to submit evidence and for the AO to conduct proper inquiries. The Tribunal restored the issues to the AO for fresh adjudication.

What were the facts?

The assessee's appeal was filed against an order of the CIT(A). The Calcutta High Court had previously remanded the appeal to the ITAT with a direction to decide the issue after giving the assessee an opportunity to be heard.

What were the issues?

The primary issue was an addition made by the Assessing Officer under Section 68 of the Income Tax Act. The parties sought a remand to allow for further evidence and inquiry.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

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.

2.

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.

3.

The issue in question is an addition u/s 68 of the Act.

4.

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.

5.

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.

6.

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.

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