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Income Tax Appellate Tribunal, “SMC” BENCH : KOLKATA
Before: Hon’ble Shri S.S. Godara, JM]
This assessee’s appeal for assessment year 2009-10 is directed against the CIT(A)-15, Kolkata dated 03.01.2018 passed in case no. 228/CIT(A)-5/Wd-13(1)/15-16/Kol upholding the Assessing Officer’s action adding back interest amount of Rs. 3,04,700/- in assessment order dated 31.03.2015 on the ground that it had only made provision thereof in its accounts pertaining to the principal parties, involving proceedings u/s 143(3) of the Income Tax Act, 1961 (in short the ‘Act’)
I notice at the outset that the CIT(A) has passed his lower appellate order ex parte. The Assessing Officer as well as the CIT(A) observe in their respective orders that the assessee had itself filed a letter agreeing to the impugned disallowance / addition. Learned Departmental Representative vehemently supports the said action during the course of hearing. I find no merit to accept the Revenue’s instant technical plea
M/s Anilraj Promoters & Fincon Pvt. Ltd. A.Yr. 2009-10 regarding maintainability of assessee’s grievance. I deem it appropriate first of all to observe that income tax proceedings are not adversarial in nature since the aim and object thereof is to collect tax from an assessee’s correctly determined taxable income and not on the basis of omissions and commissions. It is not clear in this fact as to who had given consent and in what circumstances the said concession had come in favour of the department. Be that as it may, I direct the CIT(A) to proceed with the assessee’s appeal for its adjudication on merits afresh as per law after affording adequate opportunity.
This assessee’s appeal is accepted for statistical purposes.
Order pronounced in the Court on 26.09.2018