M/S. BHIKSHU MERCANTILE PRIVATE LIMITED,KOLKATA vs. ITO, WARD - 5(3), KOLKATA, KOLKATA

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ITA 674/KOL/2018Status: DisposedITAT Kolkata30 April 2019AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had not considered the evidence on merits and had passed an ex parte order without proper adjudication. Therefore, the case was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal challenges the CIT(A)'s ex parte order which upheld the Assessing Officer's action of treating share application money as unexplained cash credits and disallowing expenses under Section 14A. The assessee had provided voluminous evidence during the assessment proceedings.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal on merits by considering all the evidence provided by the assessee, or if the ex parte order was passed without due consideration.

Which sections of the Income-tax Act were involved?

Section 14A,Section 143(3),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:

- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-7. Kolkata’s order dated 23.01.2018 passed in case No.98/ CIT(A)-7/Kol/Ward-5(3)/17-18, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the sides. Case file perused.

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