M/S. SIDHANTA VYAPAR PVT. LTD.,HOWRAH vs. ITO, WARD-15(4), KOLKATA, KOLKATA

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ITA 1109/KOL/2017Status: DisposedITAT Kolkata15 June 2018AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. It found that the CIT(A) passed an ex parte order without dealing with the merits of the case, and therefore, restored the matter for fresh adjudication.

What were the facts?

The assessee's appeal was filed with a delay of 62 days. The CIT(A) passed an ex parte order affirming the Assessing Officer's additions of unexplained share capital and disallowance under Section 14A.

What were the issues?

Whether the CIT(A) erred in passing an ex parte order without adjudicating the merits of the appeal, and whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 14A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “B” KOLKATA

Before: Shri J.Sudhakar Reddy & Shri S.S.Godara

None अपीलाथ� क� ओर से/By Appellant Shri Goutam Kr. Mondal, Addl. CIT-DR ��यथ� क� ओर से/By Respondent 06-06-2018 सुनवाई क� तार�ख/Date of Hearing 15 -06-2018 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- This assessee’s appeal for assessment year 2012-13 is directed against Commissioner of Income Tax (Appeals)-5, Kolkata’s order dated 09.12.2016, in case No. 290/CIT(A)-5/Wd-15(4)/15-16, passed ex parte affirming the Assessing Officer’s action adding unexplained share capital of ₹108,50,000/- as well as disallowance of a sum of ₹53,750/- by invoking u/s14A r.w Rule 8D, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’.

2.

It emerges at the outset that the instant all suffers from 62 days delay in filing, Case file suggests that assessee has placed on record its condonation affidavit solemnly averring therein that its person in-charge was out of town. Learned Departmental Representative is very fair in not disputing the said solemn averments.

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