SIMPLEX COMMERCIAL PVT. LTD.,KOLKATA vs. ITO, WD-6(1), KOLKATA, KOLKATA

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ITA 487/KOL/2016Status: DisposedITAT Kolkata04 July 2018AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found it appropriate to remit the matter back to the Assessing Officer for fresh adjudication. The assessee was given liberty to file all relevant evidence.

What were the facts?

The assessee claimed paid-up share capital of ₹2.895 crores. The Assessing Officer issued a notice under Section 131 to verify the genuineness, identity, and creditworthiness of shareholders, but no one appeared in response.

What were the issues?

The primary issue was the genuineness of share capital raised by the assessee, which required verification of shareholders' identity and creditworthiness.

Which sections of the Income-tax Act were involved?

Section 131

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA

Before: Shri P.M.Jagtap & Shri S.S.Viswanethra Ravi

आदेश /O R D E R PER S.S.Viswanethra Ravi, Judicial Member:- This appeal by the assessee against the order dated 18.01.2016 passed by Commissioner of Income Tax (Appeals)-2, Kolkata for assessment year 2008-09.

2.

After hearing both parties we find that assessee has raised paid-up share capital of ₹ 2.895 crores including premium and to verify the genuineness of said transactions, identity and creditworthiness of the shareholders, the Assessing Officer issued notice u/s 131 of the Income Tax Act, 1961, in short ‘the Act’ to the Directors of shareholding companies. On perusal of the assessment record, we find that none appeared in response to said notice. In view of same, taking into consideration the submissions of the Learned AR we deem it appropriate to remit the matter to the file Simplex Commercial Pvt. Ltd. vs. ITO Wd-6(1) Kol. Page 2 of Assessing Officer for his fresh adjudication. The assessee is at liberty to file all evidence in respect of issue as discussed in para-4 of the assessment order. Thus, ground No. 1 & 2 raised by assessee are allowed for statistical purpose.

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