M/S.CYTOZYME EASTERN INDIA PRIVATE LIMITED,KOLKATA vs. ITO, WARD - 7(4), KOLKATA, KOLKATA

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ITA 2051/KOL/2017Status: DisposedITAT Kolkata21 August 2018AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) dismissed the appeal ex parte without giving the assessee an opportunity to explain the transactions. Therefore, the matter was remanded to the AO for de novo assessment to ensure natural justice.

What were the facts?

The assessee's appeal was dismissed ex parte by the CIT(A). The AO had made additions under Section 68 and Section 14A, which were confirmed by the CIT(A) without providing an opportunity to the assessee.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex parte without providing an opportunity to the assessee to explain the additions made by the AO.

Which sections of the Income-tax Act were involved?

Section 68,Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH: KOLKATA

Before: Shri M. Balaganesh & Shri S.S. Viswanethra Ravi

ORDER Shri S.S. Viswanethra Ravi

This appeal by the Assessee is directed against the order dt. 28-02-2017 passed by the Commissioner of Income Tax (Appeals), 16, Kolkata for the A.Y 2012-13.

2.

After hearing both the parties, we find that the CIT-A dismissed the grounds of appeal of assesse ex parte. On perusal of record, we find that the AO made additions of Rs.7,42,50,000/- u/s. 68 of the Act and Rs. 23,784/- u/s. 14A of the Act, which was confirmed by the CIT-A ex parte. Before us the contention of the ld. AR was that no opportunity was given to assessee by the CIT-A to prove/ explain the transactions involved in introduction of share capital. He also contended that taking into consideration the fact of amount of addition involved in the appeal, the matter may be remanded to the AO instead of CIT-A. As noted above, the addition made u/s. 68 of the Act requires explanation to be offered to the satisfaction of AO. Therefore, taking into consideration the facts and circumstances of the case, submissions of the ld. AR and in the interest of natural M/s. Cytozyme Eastern India Private Limited justice, we deem it fit and proper to remand the issue(s) involved in the appeal to the file of AO for his consideration to conduct assessment de novo. The assesse is at liberty to file necessary evidences/explanation, if any. Grounds raised by the assesse are allowed for statistical purpose.

3.

In the result, the appeal of assessee is allowed for statistical purpose. Order pronounced in the open court on 21-08-2018

Sd/- Sd/- M. Balaganesh S.S. Viswanethra Ravi Accountant Member Judicial Member Dated : 21-08-2018 PP(Sr.P.S.) Copy of the order forwarded to:

1. 1. Appellant/Assessee: M/s. Cytozyme Eastern India Pvt. Ltd Circular Court, Ground Floor, 8 AJC Bose Rd., Kolkata-17. 2 Respondent/Revenue : Income-tax Officer, Ward 7(4), Kolkata Aaykar Bhawan, P-7 Chowringhee Square, Kolkata-69.

3. CIT-A-16, Kolkata 4. CIT , Kolkata 5. DR, Kolkata Benches, Kolkata /True Copy, By order, Sr.PS/H.O.O ITAT Kolkata

M/s. Cytozyme Eastern India Private Limited

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