ARADHANA GREENFIELD DEVELOPERS PRIVATE LIMITED,KOLKATA vs. ITO, WARD - 1(4), KOLKATA, KOLKATA

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ITA 1737/KOL/2017Status: DisposedITAT Kolkata16 November 2018AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the AO issued notices late in the assessment proceedings, leaving no adequate opportunity for the assessee and investing companies to prove identity, genuineness, and creditworthiness. Therefore, the matter was remanded for fresh consideration.

What were the facts?

The Assessing Officer (AO) issued notices to the directors of the assessee company and subscribing companies to verify the genuineness of share capital and premium. The AO noted that no directors appeared to prove the transactions' genuineness.

What were the issues?

Whether the assessee was provided with a reasonable opportunity to prove the genuineness of share capital and premium transactions when notices were issued late in the assessment proceedings.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

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

Hearing: 24.10.2018Pronounced: 16.11.2018

ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER

1.

This appeal by the assessee against the order dated 23.03.2017 passed by CIT(A)-9, Kolkata for AY 2012-13.

2.

Heard both parties and perused the material available on record. It is noted from the record in order to verify the genuineness of share capital and share premium, the AO issued notices to Directors of the assessee company as well as Directors of subscribing companies. According to the AO in spite of all such notices, neither the Directors of the assessee company nor the Directors of the share Investing Companies are appeared before him to prove the genuineness of the transactions. The contention of Ld. AR is that the AO issued notices at the fag end (ASSESSMENT YEAR-2012-13) of assessment proceedings and placed on record notices dated 30.01.2015 issued by the AO to M/s Subham Buildwell Pvt.Ltd.; M/s. Narantak Dealcomm Ltd.; Infinity BNKe Infocity Pvt.Ltd. and the assessee company and argued that there was no opportunity for the assessee as well as the investing company to prove identity, genuineness of transactions and creditworthiness. Taking into consideration the submissions of Ld. AR and in the facts and circumstances of the case and in the interests of justice, we deem it proper to remand the matter to the file of AO for his fresh consideration. Thus, Grounds raised

by the assessee are allowed for statistical purposes.

3. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 16 .11.2018.

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