CROSSROAD SECURITIES PRIVATE LIMITED,KOLKATA vs. ITO, WARD-6(1), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found sufficient cause for the assessee's non-appearance before the CIT(A) due to the serious illness of the assessee's counsel's father. Therefore, the ex-parte order of the CIT(A) was set aside.
What were the facts?
The assessee company's income was determined at Rs. 35,60,697/- by the AO, with an addition of Rs. 35,60 crores on account of share capital and premium treated as unexplained cash credit. The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-compliance.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal ex-parte without providing a proper opportunity of being heard. Whether the addition made by the AO under Section 68 was valid.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH (D
Before: Shri P.M. Jagtap, AM & Shri S.S. Godara, JM]
order
: September , 2018 ORDER
Per P.M. Jagtap, AM
This appeal filed by the assessee is directed against the order of Ld. CIT(A) – 23, Kolkata dated 22.02.2017 whereby he dismissed the appeal of the assessee ex-parte.
The assessee in the present case is a company which filed its return of income for the year under consideration declaring a total income of Rs. 697/-. In the assessment completed u/s 143(3) vide an order dated 25.03.2015, total income of the assessee was determined by the AO at Rs. 35,60,697/- after making an addition of Rs. 35,60 crores on account of share capital and share premium claimed to be received by the assessee by treating the same as unexplained cash credit u/s 68.
Assessment Year: 2012-13 Crossroad Securities Pvt. Ltd.
Against the order passed by the AO u/s 143(3), an appeal was preferred by the assessee before the Ld. CIT(A) and since there was no compliance on the part of the assessee to the notices issued by him fixing the said appeal for hearing from time to time, the Ld. CIT(A) dismissed the appeal of the assessee vide his appellate order dated 22.02.2017 passed ex-parte and confirmed the addition made by the AO u/s 68. Aggrieved by the order of Ld. CIT(A), the assessee has preferred this appeal before the Tribunal.
We have heard the arguments of both the sides and also perused the relevant material available on record. In support of the preliminary issue raised by the assessee in this appeal challenging the impugned order passed by the Ld. CIT(A) ex-parte without providing proper and sufficient opportunity, the learned counsel for the assessee, Shri R.K. Chowdhury, Advocate has submitted that his father was seriously ill during the relevant period when the appeal of the assessee was fixed for hearing before the Ld. CIT(A). He has contended that due to serious illness of his father, he could not represent the assessee’s case before the Ld. CIT(A) and the appeal of the assessee was dismissed by the Ld. CIT(A) ex-parte. Keeping in view this submission made by the learned counsel for the assessee, we are satisfied that there was a sufficient cause for the non- appearance on the part of the assessee when his appeal was fixed for hearing before the Ld. CIT(A). We, therefore, set aside the impugned order passed by the Ld. CIT(A) ex-parte and remit the matter back to him for disposing of the appeal of the assessee afresh after giving proper and sufficient opportunity of being heard to the assessee. As undertaken by the learned counsel for the assessee, the assessee shall
Assessment Year: 2012-13 Crossroad Securities Pvt. Ltd. make due compliance before the Ld. CIT(A) and extend all possible cooperation in order to enable him to dispose of the appeal expeditiously.
In the result, the appeal of the assessee is treated as allowed for statistical purpose. Order Pronounced in the Open Court on 18th September, 2018.
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