M/S. SREE MAA SARADA ORES & FORGINGS INDIA PVT. LTD.,HOWRAH vs. DCIT, CIRCLE - 13(2), KOLKATA, KOLKATA

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ITA 2189/KOL/2017Status: DisposedITAT Kolkata16 November 2018AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal observed that the impugned order of the CIT(A) was ex parte and that no notice had been served on the assessee or the Official Liquidator. Therefore, the Tribunal set aside the CIT(A)'s order.

What were the facts?

The assessee company was in the process of winding up, and its proceedings were at a final stage before the High Court. The High Court had directed the Official Liquidator to take possession of the company's assets.

What were the issues?

Whether the ex parte order passed by the CIT(A) is valid when proper notice was not served on the assessee and the Official Liquidator, especially when the company is under winding up.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Hearing: 12.11.2018Pronounced: 16.11.2018

This appeal preferred by the assessee is against the order of the Ld. CIT(A)-5, Kolkata dated 10.03.2017 for AY 2012-13.

2.

At the outset itself the Ld. Counsel for the assessee drew our attention to the fact that the impugned order of the Ld. CIT(A) is an ex parte order and that no notice has been served neither on the assessee nor the Official Liquidator. It was brought to our notice that the assessee company is in the process of winding up and that proceeding is at its final stage before the Hon’ble High Court of Calcutta. The Ld. AR drew our attention to the order of the Hon’ble High Court dated 16.05.2017 wherein the Hon’ble High Court directed the Official Liquidator to take possession of the assets of the company, therefore, in the fitness of things the Official Liquidator has to be served the notice of the appeal. In the aforesaid scenario, we are inclined to set aside the order of the Ld. CIT(A) and remand the matter

M/s. Sree Maa Sarada Ores & Forgings India Pvt. Ltd., AY 2012-13 back to his file with the direction that he may issue notice to the Official Liquidator as well as the assessee company and adjudicate afresh the appeal on merits in accordance to law.

3.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order is pronounced in the open court on 16/11/2018 Sd/- Sd/- (J. Sudhakar Reddy) (A. T. Varkey) Accountant Member Judicial Member

Dated: 16th November, 2018 Jd.(Sr.P.S.)

Copy of the order forwarded to:

1 Appellant – M/s. Sree Maa Sarada Ores & Forgings India Pvt. Ltd., C/o Kaushik Das, Baltikuri, Kalitala North, 50, Jagacha Sadar, Howrah-711113. 2 Respondent – DCIT, Circle-13(2), Kolkata. 3 CIT(A)-5, Kolkata. (sent through e-mail) CIT , Kolkata 4 DR, Kolkata Benches, Kolkata (sent through e-mail) 5

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