BHIMANI JEWELS PVT. LTD.,KOLKATA vs. ITO, WARD-9(2), KOLKATA, KOLKATA

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ITA 1235/KOL/2017Status: DisposedITAT Kolkata29 August 2018AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee's absence was due to the illness of its counsel and not intentional. The CIT(A) had not dealt with the merits of the case.

What were the facts?

The assessee's share capital/premium of ₹1,50,00,000 was treated as unexplained cash credit by the Assessing Officer. The CIT(A) upheld this order ex parte as the assessee did not appear for a hearing.

What were the issues?

Whether the CIT(A) erred in passing an ex parte order without adjudicating the merits of the case, and whether the assessee's absence was justified.

Which sections of the Income-tax Act were involved?

Section 68,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA

Before: Shri P.M.Jagtap & Shri S.S.Godara

O R D E R

PER S.S.Godara, Judicial Member:

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