M/S. MUKUT BUILDCON PVT. LTD.,KOLKATA vs. ITO, WARD - 7(3), KOLKATA, KOLKATA

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ITA 123/KOL/2018Status: DisposedITAT Kolkata16 January 2019AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the CIT(A) had not made any findings on the merits of the case. Therefore, the Tribunal rejected the adjournment application and remanded the matter back to the CIT(A) for fresh consideration.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex parte. The issue involved additions made under Section 68 concerning share capital and premium. The assessee sought an adjournment before the ITAT to file a paper book.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex parte without considering the merits, and whether the assessee should be given an opportunity to present evidence.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

Before: Shri J. Sudhakar Reddy & Shri S.S. Viswanethra Ravi

Hearing: 10.01.2019Pronounced: 16.01.2019

Date of hearing : 10.01.2019 Date of pronouncement : 16.01.2019 ORDER PER Shri S.S. Viswanethra Ravi, JM:

This appeal by the assessee against the order dated 19.12.2016 passed by the Commissioner of Income Tax (Appeals)-3, Kolkata for Assessment Year 2009-10 wherein he confirmed the assessment order ex parte of assessee.

2.

At the time of hearing, we find, the assessee filed application seeking adjournment stating that the appeal in question requires Paper Book and that is in process. It is noted from the records that the CIT(A) dismissed grounds of appeal raised by the assessee before him ex parte. It is also noted that the issue is relating to confirmation of addition u/s 68 of the Act relating to the raising of share capital and share premium. Since as we discussed above there was no finding by the CIT(A) in this aspect, therefore, taking into consideration the submissions of ld. AR and DR and in the facts and circumstances of the case, the application seeking adjournment is M/s Mukut Buildcon Pvt. Ltd. Assessment Year: 2009-10 rejected and the matter is remanded to the file of CIT(A) for his fresh consideration. The assessee is at liberty to file evidences, if any, in support of its claim. Thus, grounds raised

by the assessee are allowed for statistical purposes.

3. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 16.01.2019.

Sd/- Sd/- [J. Sudhakar Reddy] [S.S. Viswanethra Ravi] Accountant Member Judicial Member Dated :16.01.2019 Place : Kolkata RS, Sr.PS Copy of the order forwarded to:

1. 1. Appellant –M/s. Mukut Buildcon Pvt. Ltd., 84, Bentick Street, Kol-1. 2 Respondent – ITO, Ward-7(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata – 700 069.

3. The CIT(A), Kolkata 4. CIT , Kolkata 5. DR, Kolkata Benches, Kolkata

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