DCIT, CC-X, KOLKATA, KOLKATA vs. M/S WELKAN VINIMAY (P) LTD, KOLKATA

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ITA 786/KOL/2014Status: DisposedITAT Kolkata30 November 2018AY 2006-20072 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal directed the Revenue to ascertain in whose hands the substantive assessment was made, but no information was provided. Therefore, the Tribunal remanded the issue back to the AO for verification.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting an addition made on a protective basis. The Assessing Officer (AO) had made the addition on a protective basis, and the CIT(A) deleted it after finding no adverse remarks in the remand report.

What were the issues?

The key issue was to determine in whose hands the substantive assessment was made, as the addition was initially made on a protective basis in the assessee's hands.

AI-generated summary — verify with the full judgment below

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

Hearing: 20.11.2018Pronounced: 30.11.2018

ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER

1.

This appeal filed by the Revenue against the order dated 14.01.2009 passed by CIT(A)-1, Kolkata for AY 2006-07.

2.

The above appeal was filed by the Revenue on 29.04.2014 challenging the action of CIT(A) in deleting the addition made on account of protective basis in the hands of the assessee. 3. The Ld.DR for appellant Revenue present. The respondent assessee called absent and therefore, the assessee is set ex-parte. We proceed to hear Ld.AR. After hearing Ld.DR, it is found that the AO made an assessment on protective basis in the hands of the assessee. The CIT(A) deleted the same having found no adverse remark in the Remand Report. 4. On 18.04.2017, this Tribunal directed the Ld. DR to find out in whose hands the substantive assessment was made, but, however, no such information was provided to this Tribunal till date. Having no 1 (ASSESSMENT YEAR-2006-07) alternative, to find out as discussed above, we deem it proper to remand the issue raised by the appellant Revenue to the file of AO for his verification to find out in whose hands substantive assessment was done and to pass order accordingly. 5. In the result, the appeal of the Revenue is allowed for statistical purposes. Order pronounced in the open court on 30 .11.2018.

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