R.P. VYAPAAR PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 4(2), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found that the assessee was not given an opportunity to present its case before the lower authorities. Therefore, the matter was remanded to the CIT(A) for fresh adjudication, allowing the assessee to submit evidence.
What were the facts?
The assessee's appeal was against an ex-parte order by the CIT(A) for AY 2013-14. The CIT(A) had confirmed additions made by the AO under Section 144, noting the assessee failed to provide reasons or evidence.
What were the issues?
Whether the assessee was denied a proper opportunity to be heard by the lower authorities. The need for fresh adjudication to allow the assessee to present evidence.
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
ORDER
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER This appeal by the assessee against the order dated 18.07.2017 passed by CIT(A)-2, Kolkata for AY 2013-14 wherein the CIT(A) confirmed the addition ex-parte of the assessee. 2. Heard both parties and perused the material available on record. It is noted from the record at page No.3 of the impugned order that the CIT(A) observed that the AO passed an order u/s 144 of the Income Tax Act, 1961 (in short “Act”) and the assessee could not file any reason or evidence in support of grounds raised
before him. Therefore, it is clear that there was no opportunity for the assessee before both authorities below. Taking into consideration the facts and circumstances of the case and submissions of Ld.AR and in the interest of justice, we deem it proper (ASSESSMENT YEAR-2013-14) to remand the matter to the CIT(A) for his fresh adjudication. The assessee is liberty to file any evidence, if any, in support of its contention. 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 22.11.2018.
Recent GST High Court judgments
Search GST case law →- Vinay Singh vs. Union Of INDIAAllahabad · 21 Oct 2026
- M/S Aaradhyam Infrabuilders PVT LTD vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026