What did the Tribunal hold?

The Tribunal set aside the ex-parte order of the CIT(A) and remanded the matter back to the Assessing Officer for fresh adjudication. This was done to allow for proper verification of the assessee's evidence.

What were the issues?

Whether the ex-parte order passed by the CIT(A) was justified and if the assessee had sufficient cause for non-appearance. The need for verification of evidence filed by the assessee.

Mercury Fund Management Co. Ltd. vs ITO | ITAT Kolkata 2018

Q: What were the facts?

The assessee's appeal was decided ex-parte by the CIT(A). The assessee claimed to be prevented by sufficient cause from appearing before the CIT(A). The Revenue suggested remanding the case for verification of evidence.

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy]

Date of concluding the hearing : May 3rd, 2018 Date of pronouncing the order : May 16th, 2018 O R D E R Per J. Sudhakar Reddy :- This appeal filed by the assesse is directed against the order of the ld. Commissioner of Income Tax (Appeals)-15, Kolkata, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 18/12/2017, relating to the Assessment Year 2011-12.

In this case, I find that the ld. First Appellate Authority, has passed an ex-parte order. The assessee has demonstrated before me that he was prevented by sufficient cause from appearing before the ld. CIT(A) on the date of hearing. The ld. D/R, submitted that it would be appropriate if the assessment is set aside to the file of the Assessing Officer as this case would require verification of some of the evidences filed by the assessee.

In view of the above submissions, we set aside the matter to the file of the Assessing Officer for fresh adjudication, in accordance with law.

In the result, appeal of the assessee is allowed for statistical purposes.

Kolkata, the 16th day of May, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 16.05.2018 {SC SPS}

Assessment Year: 2011-12 Mercury Fund Management Co. Ltd Copy of the order forwarded to: 1. Mercury Fund Management Co. Ltd 3 Great Eastern Hotel Old Court House Street Kolkata – 700 069 2. Income Tax Officer, Ward-2(1), Kolkata P-7, Chowringhee Square Aaykar Bhawan Kolkata – 700 069 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

MERCURY FUND MANAGEMENT CO. LTD.,KOLKATA vs. ITO, WARD - 7(1), KOLKATA, KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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