M/S. AKSHARA COMMOSALES PVT. LTD.,KOLKATA vs. ITO, WARD - 12(1), KOLKATA, KOLKATA

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ITA 29/KOL/2018Status: DisposedITAT Kolkata30 November 2018AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found no representation from the assessee and decided to remand the matter to the CIT(A) for fresh consideration. This was subject to the assessee paying a cost of Rs. 5,000/- to the Prime Minister Relief Fund.

What were the facts?

The assessee's returned income was Rs. 560/-, but the AO completed the assessment under Section 144, determining a total income of Rs. 22,69,00,560/-. The assessee appealed to the CIT(A) but failed to appear.

What were the issues?

Whether the CIT(A) should consider the appeal when the assessee failed to appear before it, and if so, under what conditions.

Which sections of the Income-tax Act were involved?

Section 144,Section 68

AI-generated summary — verify with the full judgment below

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

Hearing: 27.11.2018Pronounced: 30.11.2018

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “D”, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH. S.S.VISWANETHRA RAVI, JUDICIAL MEMBER (ASSESSMENT YEAR-2012-13) vs M/s. Akshara Commosales ITO, Pvt.Ltd., 2E, Cornfield Road, Ward-12(1), P-7. Ground Floor, Kolkata-700019. Chowringhee PAN-AAJCA1782F Square, Kolkata- 700069. (Appellant) (Respondent) Appellant by None Respondent by Sh. R.Shyam, CIT DR Date of Hearing 27.11.2018 Date of Pronouncement 30.11.2018 ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER

1.

This appeal filed by the assessee against the order dated 14.09.2017 passed by CIT(A)-16, Kolkata for AY 2012-13.

2.

We find no representation on behalf of the appellant assessee nor any application seeking adjournment was filed. The assessee called absent and, therefore, set ex-parte. We proceed to hear Ld.DR. 3. Heard Ld.DR and perused the material available on record. The assessment was completed u/s 144 of the Income Tax Act, 1961 (in short “Act”) wherein the AO determined the total income of Rs.22,69,00,560/- against the returned income of Rs.560/-. The assessee challenged the same before the CIT(A) but, however, no appearance was put in to prosecute the grounds raised

before the First Appellant Authority. Since the substantive addition was made u/s 68 of the Act wherein it requires assistance of the assessee by filing relevant evidences. Since there is no opportunity for the assessee (ASSESSMENT YEAR-2012-13) before the First Appellate Authority, we deem it proper to remand the matter to the file of CIT(A) for his fresh consideration subject to the payment of cost of Rs.5,000/- by the assessee in favour of Prime Minister Relief Fund. The CIT(A) shall satisfy the said payment by the assessee and restore the appeal to the file and pass order in accordance with law. Thus, Grounds raised by the assessee are allowed for statistical purposes.

4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 30.11.2018.

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