M/S. BHAWANI MERCHANTS PVT. LTD.,KOLKATA vs. ITO, WARD - 5(3), KOLKATA, KOLKATA
What did the Tribunal hold?
The ITAT found that the CIT(A)'s order lacked proper adjudication, failing to discuss the facts and points of determination as required. The tribunal restored both grounds to the CIT(A) for fresh adjudication on merits.
What were the facts?
The assessee's appeal for AY 2012-13 was filed against the CIT(A)'s order which upheld the AO's action treating share premium as unexplained cash credit and disallowing expenses under Section 14A. The assessee did not appear before the lower appellate authority or the ITAT.
What were the issues?
Whether the CIT(A) properly adjudicated the grounds of appeal without proper discussion of facts and points of determination. Whether the share premium was an unexplained cash credit and if expenses under Section 14A were correctly disallowed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA
Before: Shri J.Sudhakar Reddy & Shri S.S.Godara
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)-23, Kolkata’s order dated 03.05.2017 passed in case No.104/CIT(A)-23/W-5(3)/16-17 involving proceedings u/s 144 of the Income Tax Act, 1961; in short ‘the Act’. Case called twice. None appears at assessee’s behest despite the fact that the registry has already sent it an RPAD notice dated 31.10.2018. It is accordingly proceeded ex parte.
We now come to assessee’s pleadings. It has raised two substantive grounds in the instant appeal. Its former grievance challenges correctness of both the lower authorities’ action treating its share / premium amount of ₹20,73,01,000/- as unexplained cash credits u/s 68 of the Act. Its latter substantive ground seeks to delete u/s 14A r.w.s. Rule 8D disallowance of ₹18,650/- made in the course of assessment as upheld in lower appellate proceedings. We find that the assessee had not put in appearance in lower appellate
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- Mahaveer Ispat Traders vs. Principal Commissioner Dgst Delhi Department Of Trade And Taxes Gnctd & Anr.Delhi · 28 Oct 2026
- Modern Engineers And Contractors vs. The Deputy Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- K Madhusudan Reddy vs. The State Of Andhra PradeshAndhra Pradesh · 28 Oct 2026
- Sandeep Ranjan Rout vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026