M/S. MORGAN VYAPAAR PRIVATE LIMITED,KOLKATA vs. ITO, WARD - 1(1), KOLKATA, KOLKATA

The contention of the ld. A/R, is that the Assessing Officer did not follow the directions as given by the ld. CITvide proceedings u/s 263 of the Act and the ld. CITin the First Appellate Proceedings confirmed the order based by the Assessing Officer ex-parte, the assessee. Further he contends that the matter may be remanded to the file of the Assessing Officer for completing the assessment in pursuance of the directions given by the ld. CIT u/s 263 proceedings and placed reliance on the order of the ITAT ‘D’ Bench of the Kolkata Tribunal in the case of Kasvi Distributors Pvt. Ltd. vs. ITO; Assessment Year 2012- 13 , order dt. 19/11/2018 placed at page no. 1 of the paper book. On perusal of the said order, we find that on similar circumstances, the Co-ordinate Bench remanded Assessment Year: 2008-09 M/s. Morgan Vyapaar Private Ltd the matter to the file of the Assessing Officer for deciding the matter afresh in compliance with Section 263 order passed by the ld. CIT.

Consistent with the view taken therein by the Co-ordinate Bench, we set aside the matter to the file of the Assessing Officer to pass fresh orders in compliance with the directions given by the ld. CIT in his order u/s 263 of the Act. In the result, appeal of the assessee is allowed for statistical purposes. 4.