MAJESTIC DEALMARK PVT. LTD.,KOLKATA vs. ITO, WARD-4(2), KOLKATA
What did the Tribunal hold?
The Tribunal found that the assessee was not given a proper opportunity to present its case before the CIT(A). Therefore, the order of the CIT(A) was set aside to allow for fresh adjudication.
What were the facts?
The assessee filed a return declaring a low income. The AO added an amount as unexplained investment due to non-submission of details regarding investment in unquoted shares. The CIT(A) dismissed the assessee's appeal for non-response.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without adjudicating the matter due to the assessee's non-response, and if the assessee was provided with adequate opportunity to be heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM: 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 13.02.2024 for the AY 2017-18.
Brief facts of the case of the assessee is that the return of income for the AY 2017-18 was filed by the assessee declaring total income at Rs. 213/-. The case was selected for limited scrutiny, notices u/s 143(2) was issued. The assessee has been asked Assessment Year: 2017-18 Majestic Dealmark Pvt. Ltd. to give details of investment of company in unquoted shares but no details have been submitted. Consequent thereto, the AO added an amount of Rs. 1,13,540/- as an unexplained investment u/s 69A of the Act and total income has been assessed at Rs. 1,14,11,575/-.
The said order has been challenged by the assessee before the Ld. CIT(A) wherein the appeal of the assessee had been dismissed on account of non-response from the side of the assessee.
The ld. Counsel for the assessee challenges the impugned order by submitting that the Ld. CIT(A) has passed an order behind his back. According to him, no notices have been served to him. The Ld. Counsel for the assessee further submits that the assessee has been given an opportunity to place his case before the Ld. CIT(A). He has filed an Affidavit in support of its contentions with regard to the non-appearance before the Ld. CIT(A).
The Ld. D.R supports the impugned order.
We have perused the order of Ld. CIT(A) and find that the assessee has been given several opportunities to present its case but he did not respond as a result of which the appeal of the assessee has been dismissed without adjudicating the matter. We have gone through the Affidavit filed by the assessee which is as follows:
Assessment Year: 2017-18 Majestic Dealmark Pvt. Ltd. Going over the Affidavit and for the ends of justice, we are in this view that the assessee should have been given an opportunity to place its case before the Ld. CIT(A). Accordingly, the order of the Ld. CIT(A) is hereby set aside and case of the assessee is restored to the file of Ld. CIT(A) for fresh adjudication after hearing the assessee. The assessee has been directed to place his case before the Ld. CIT(A) without taking any adjournment. 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/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 17th December, 2024 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Majestic Dealmark Pvt. Ltd.,133, Canning Street, Kolkata-700001 2. Respondent – ITO, Ward-4(2), Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)
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