M/S. KASTURI HOME PVT. LTD.,KOLKATA vs. I.T.O., WARD - 3(1), , KOLKATA

PDF · subscribers
ITA 1775/KOL/2024Status: DisposedITAT Kolkata17 December 2024AY 2008-2009Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) dismissed the appeal without adhering to the mandatory provisions of Section 250(6) of the Act. Therefore, the case was restored to the CIT(A) for a decision on merits.

What were the facts?

The assessee's appeal was dismissed ex-parte by the CIT(A) due to non-appearance. The assessee contended that the CIT(A) failed to provide reasons for the decision as required by Section 250(6).

What were the issues?

Whether the CIT(A) properly followed the procedure under Section 250(6) while dismissing the appeal ex-parte. Whether the assessee should be granted another opportunity to present its case.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]

ORDER / आदेश Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 27.06.2024 for the AY 2008-09.

2.

At the outset, the Ld. Counsel for the assessee stated that the First Appellate Authority has passed the order ex-parte dismissing the appeal in liminie when the assessee failed to respond on the various dates given by the First Appellate Authority. The Ld. A.R submitted that even if the assessee, no one was appeared even then Ld. Assessment Year: 2008-09 M/s Kasturi Home Pvt. Ltd. CIT(A) in terms of Section 250(6) of the Act is under obligation to state the point of determination and his decision thereon along with the reasons for taking such decision. However, nothing of the sort has been done by the Ld. CIT(A). Therefore, the assessee may kindly be given one more opportunity of presenting its case before the Ld. CIT(A).

3.

The Ld. D.R on the other hand relied on the order of authorities below by submitting that the assessee was not co-operative before the appellate authority however left the issue to the wisdom of the Bench.

4.

After hearing the rival contentions and perusing the material on record including the provisions of section 250(6), we note that the Ld. CIT(A) has dismissed the appeal in liminie without conforming to the provisions of Section 250(6) which requires the Ld. CIT(A) to state the point for determination, decision thereon and reasons for arriving at such decision however the order has been passed in violation of said section. Under the circumstances, we are of the view that the ends of justice could be well served if the issue is restored to the file of Ld. CIT(A) to decide the same on merit after affording the reasonable opportunity of hearing to the assessee.

5.

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

Order is pronounced in the open court on 17th December, 2024

Sd/- Sd/- (Pradip Kumar Choubey /�द�प कुमार चौबे) (Rajesh Kumar/राजेश कुमार) Judicial Member/�या�यक सद�य Accountant Member/लेखा सद�य Dated: 17th December, 2024 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- M/s Kasturi Home Pvt. Ltd., 85, 2nd Floor, Metcalfe Street, Kolkata- 700013 2. Respondent – ITO, Ward-3(1), Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

Recent GST High Court judgments

Search GST case law →