BLUESKY DEALERS LTD.,TELANGANA vs. I.T.O.,WARD-10(4), KOLKATA

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ITA 533/KOL/2019Status: DisposedITAT Kolkata03 April 2019AY 2010-112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee was not given an opportunity to present its case before the lower authorities. Therefore, the matter was remanded to the AO for fresh consideration, allowing the assessee to submit evidence.

What were the facts?

The assessee's appeal was filed against an order for AY 2010-11. The assessee claimed that no opportunity was provided by the lower authorities as no notice was served. The AO had made an addition of Rs. 14,95,61,940/- under Section 68 as unexplained cash credit.

What were the issues?

Whether the assessment and appellate orders are valid when the assessee was not provided with an opportunity to be heard and present evidence regarding the addition made under Section 68.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “A”, KOLKATA

Hearing: 29.03.2019Pronounced: 03.04.2019

ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER This appeal filed by the assessee against the order dated 06.02.2019 passed by CIT(A)-4, Kolkata for AY 2010-11.

2.

At the time of hearing, the appeal under the captioned “early hearing”, it was brought to our notice that there was no opportunity before the two lower authorities as there was no notice served on the assessee. He referred to assessment order as well as impugned order passed by the CIT(A) and sought to remand the matter to the file of AO for his fresh consideration. Ld.DR reported no objection in remanding the matter to the file of AO. It is noted from the record that the AO re-opened the assessment and passed an order u/s 147/144 of the Income Tax Act, 1961 (in short “Act”) by making an addition of Rs.14,95,61,940/- u/s 68 of the Act under the head “unexplained cash credit”. It is also noted that there was no opportunity for the assessee in the first appellate proceedings. However, it is noticed that the assessee sought adjournment on one of the date of hearing before the CIT(A).

1.

(ASSESSMENT YEAR-2010-11) 4. As discussed above, the addition made u/s 68 requires assistance of the assessee in proving the three ingredients i.e. identity, creditworthiness and genuineness of the transactions. Admittedly, there was no occasion for both the authorities below to verify the same. Therefore, taking into consideration the submissions of the Ld.AR & Ld. DR and facts & circumstances of the case and in the interest of justice, we deem it proper to remand the matter to the file of AO for his fresh consideration. The assessee is liberty to file evidences, if any, in support of his claim. Thus, grounds raised by the assessee are allowed for statistical purposes.

5.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 03.04.2019.

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