INTER GLOBE FINANCE LIMITED,KOLKATA vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-4(1), KOLKATA

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ITA 2115/KOL/2024Status: DisposedITAT Kolkata31 December 2024AY 2018-19Bench: Shri Sanjay Garg (Judicial Member), Shri Rakesh Mishra (Accountant Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal set aside the ex parte order of the CIT(A) and restored the matter for a fresh decision. The assessee was granted an opportunity to present its case.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex parte. The assessee claimed to have filed an adjournment application which was allegedly ignored by the CIT(A).

What were the issues?

Whether the CIT(A) erred in passing an ex parte order without considering the assessee's adjournment application, thus denying natural justice.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: Shri Sanjay Garg & Shri Rakesh Mishra

आदेश / ORDER

Per Sanjay Garg, Judicial Member :

1.

The captioned appeal has been preferred by the assessee against the order dated 22.08.2024 of the Ld. Commissioner of Income Tax, (Appeal), Kolkata-27 [hereinafter referred to as the “Ld. CIT(A)”] passed u/s. 250 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) for Assessment Year (AY) 2018-19.

2.

The assessee in this appeal is aggrieved by the action of the Ld. CIT(A) in confirming the addition made by the AO for Rs.16,36,602/- on account of interest expenses and further of Rs.15,00,000/- on account of repayment of loan to Anuttar Mercantile Pvt. Ltd.

3.

At the outset, the Ld. Counsel for the assessee has invited our attention to the impugned order of the Ld. CIT(A) to show that the same is an ex parte order of the Ld. CIT(A). It has been pleaded that though the assessee had filed on line adjournment application on 16.08.2024, however, the Ld. CIT(A) ignored the same and passed the impugned order dated 22.08.2024. The Ld. Counsel has pleaded that the assessee has fair case on merit. That the assessee may be given an opportunity to present its case before the Ld. CIT(A). Ld. DR, however, has relied upon the findings of the Ld. CIT(A).

4.

Considering the rival submissions, in our view, the interests of justice will be well served, if the assessee is given an opportunity of hearing before the Ld. CIT(A). The impugned order of the Ld. CIT(A) is set aside and the matter is restored to file of the Ld. CIT(A) for decision afresh. Needless to say that the Ld. CIT(A) will give proper opportunity to the assessee to present its case. It is also directed that the assessee will promptly appear and present its case as and when called for by the Ld. CIT(A). It is also directed that the assessee will duly check the e-mail box regarding notices, if any, sent by the Ld. CIT(A) regarding dates of hearing and will promptly appear and present its case as and when called for by the Ld. CIT(A). With the above observations, the appeal of the assessee is treated as allowed for statistical purposes.

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