M/S VIJAYLAKSHMI COMMERCIAL PVT. LTD.,KOLKATA vs. ITO, WD-1(2), KOLKATA, KOLKATA

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ITA 1425/KOL/2016Status: DisposedITAT Kolkata31 October 2018AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the assessee was not given an opportunity to present its case before the CIT(A). Therefore, the matter was remanded back to the CIT(A) for fresh consideration.

What were the facts?

The Assessing Officer (AO) made an addition under Section 68 for unexplained cash credit. The CIT(A) dismissed the assessee's appeal ex-parte without providing an opportunity to present evidence.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without giving the assessee an opportunity to be heard and present evidence.

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 “D”, KOLKATA

Before: SH. J.SUDHAKAR REDDY & SH. S.S.VISWANETHRA RAVI

Hearing: 15.10.2018Pronounced: 31.10.2018

Appellant by Sh.Brijesh Kr. Singh, AR Respondent by Sh.Robin Choudhary, Addl.CIT Sr.DR Date of Hearing 15.10.2018 Date of Pronouncement 31.10.2018 ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER

1.

This appeal by the assessee against the order dated 21.03.2016 passed by CIT(A)-1, Kolkata for AY 2008-09 wherein he confirmed the additions made by the AO ex-parte of assessee.

2.

After hearing both the parties and on perusal of the record, it is noted that the AO made addition u/s 68 of the Act under the head unexplained cash credit and the Ld.CIT(A) dismissed the grounds of appeal ex-parte. Therefore, it is clear that there was no opportunity for the assessee to prosecute its grounds of appeal by producing relevant evidence in support of its contention. Taking into consideration, 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 Ld.CIT(A) for his fresh consideration. The assessee is liberty to file evidences in support of its contention. The assessee shall co-operate in first appellate proceedings without taking adjournment.

3.

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

Order pronounced in the open court on 31.10.2018.

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