JAGANMATA SALES PVT. LTD.,KOLKATA vs. ITO, WARD - 13(2), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order and remanded the case back for de novo adjudication on merits. The CIT(A) was directed to decide the issue uninfluenced by the previous decision.
What were the facts?
The assessee's appeal arose from an ex parte order by the CIT(A) confirming an addition towards share capital and share premium under Section 68. Both parties agreed that the issue needed to be adjudicated on merits.
What were the issues?
Whether the CIT(A) was justified in confirming the addition towards share capital and share premium without adjudicating the issue on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH : KOLKATA
Before: Hon’ble Shri S.S.Godara, JM & Hon’ble Shri M.Balaganesh, AM]
This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax(Appeals)-5, Kolkata [in short the ld CIT(A)] in Appeal No.227/CIT(A)- 5/Wd-13(2)/15-16 dated 02.11.2016 against the order passed by ITO, Ward-13(2), Kolkata[ in short the ld AO] under section 144 of the Income Tax Act, 1961 (in short “the Act”) dated 28.03.2015 for the Assessment Year 2012-13.
The only issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in confirming the addition towards share capital and share premium u/s 68 of the Act, in the facts and circumstances of the case.
Jaganmata Sales Pvt. Ltd. A.Yr. 2012-13 3. At the outset, we find that the ld. CIT(A) had passed an order ex parte without adjudicating the issue on merits. Both the parties mutually agreed that this issue requires to be set aside to the file of ld. CIT(A) for de novo adjudication. In the peculiar facts and circumstances of the case in the interest of justice and fair play, we deem it fit and appropriate to remand this appeal to the file of the Ld. CIT(A) for de novo adjudication on merits. The Ld. CIT(A) is directed to adjudicate the issue on merits uninfluenced by earlier decision taken by him in this regard. The assessee is directed to appear before the Ld. CIT(A) on 20.03.2019 and not to take any adjournment except due to exceptional or unavoidable circumstances. Accordingly, the appeal of the assessee is allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the Court on 01.01.2019
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