ASTRO LEASING & FINANCE CO. PVT. LTD.,KOLKATA vs. I.T.O., WARD - 7(1), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal set aside the orders of the CIT(A) and restored the appeals to the CIT(A)'s file. The assessee was granted one more opportunity to present its case on merit, allowing for a denovo decision.
What were the facts?
The assessee's appeals were dismissed ex-parte by the CIT(A) because the assessee failed to file replies on multiple hearing dates. The assessee also failed to furnish certain details during the assessment proceedings.
What were the issues?
Whether the ex-parte orders passed by the CIT(A) were justified, and if the assessee should be granted another opportunity to present its case.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
Before: SHRI RAJESH KUMAR, AM & SHRI PRADIP KUMAR CHOUBEY, JM
& 1454/KOL/2024 (Assessment Years: 2016-17 & 2017-18) Astro Leasing & Finance Co. ITO Ward7(1), Pvt. Ltd. Aaykar Bhavan, P-7, 31, Shakespeare Sarani, 2 nd Chowringhee Square, Floor, Room No.209-210, Vs. Kolkata-700069 Jasmine Tower, Kolkata-700017, West Bengal West Bengal (Appellant) (Respondent) PAN No. AAECA6681L Assessee by : Shri Akkal Dudhewala, AR Revenue by : Shri Ranu Biswas, DR Date of hearing: 10.12.2024 Date of pronouncement : 16.12.2024 O R D E R Per Rajesh Kumar, AM:
These are appeals preferred by the assessee against the orders of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 24.01.2024 & 27.09.2024 for the AYs 2016-17 & 2017-18 respectively.
At the outset, the ld. Counsel for the assessee submitted before the bench that both these appeals were decided ex-parte by the ld. CIT (A) when the assessee did not file any reply on as many as five dates of hearing allowed by the appellate authority. Finally, the ld. CIT (A) passed ex-parte orders by dismissing the appeals in limine. The ld. AR further submitted that even in the assessment proceedings certain details could not be filed and therefore, the ld. AO proceeded to frame the assessment on the basis of information available on record as well as filed by the assessee. The ld. AR therefore prayed that in the interest of justice and fair
After hearing the rival contentions and perusing the materials available on record, we find that the orders of CIT (A) have been framed ex-parte, deciding the issue on the basis of information available before him. Similarly, the ld. AO framed the assessment based upon the information available in the assessment record as well as in information furnished by the assessee. We note that even before the ld. AO the assessee failed to furnish certain documents/ details as called for by the AO. The assessee has filed an affidavit to this effect before us. After perusing the contents of the affidavit and after taking into consideration the facts on records , we are of the view that the ends of justice would be served if the assessee is given one more opportunity to present its case on merit so that the issues could be decided denovo. Accordingly, we set aside the orders of ld. CIT (A) and restore these appeals to the file of the ld. CIT (A) with a direction to decide these appeals denovo after giving reasonable opportunity of hearing to the assessee.
In the result, both the appeals of the assesseeare allowed for allowed for statistical purposes.
Order pronounced in the open court on 16.12.2024.
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