What did the Tribunal hold?

The ITAT set aside the order of the CIT(A) and remanded the issue back for fresh adjudication. The CIT(A) was directed to pass a speaking order after providing the assessee an adequate opportunity of being heard.

The Revenue filed an appeal against the order of the CIT(A). The ITAT found that the CIT(A) had not passed an appropriate order, having cut and pasted submissions from another case and failed to provide a speaking order.

What were the issues?

Whether the CIT(A) passed an appropriate order and provided a speaking order after considering the assessee's submissions.

M/S. Bnk Securities Pvt. Ltd. vs ITO | ITAT Kolkata 2018

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

Before: Sri J. Sudhakar Reddy]

This appeal filed by the revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals)-2, Kolkata, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 25/08/2017, for the Assessment Year 2011-12.

After hearing rival contentions, I find that the ld. First Appellate Authority has not passed an appropriate order in this case. The written submissions of some other case have been cut and pasted in this appeal. No speaking order has been passed. Due to these mistakes, I set aside this issue to the file of the ld. CIT(A), for fresh adjudication, in accordance with law, after giving the assessee adequate

Assessment Year: 2011-12 M/s. BNK Securities P. Ltd opportunity of being heard. The ld. CIT(A) may pass a speaking order after considering the relevant submissions of the assessee.

In the result, appeal of the assessee is allowed for statistical purposes. Kolkata, the 19th day of January, 2018.

M/S. BNK SECURITIES PVT. LTD.,KOLKATA vs. ITO, WARD - 5(3), KOLKATA, KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments