SANDIP AGARWAL,KOLKATA vs. I.T.O., WARD - 43(1), KOLKATA
What did the Tribunal hold?
The Tribunal found it appropriate to grant the assessee a further opportunity to present its case before the CIT-A. The issue was remitted back to the CIT-A for a fresh consideration.
What were the facts?
The assessee's appeal was against an order confirming an addition of Rs. 7 Lacs on account of consultancy fees under Section 40(a)(ia). The CIT-A had passed an ex parte order.
What were the issues?
Whether the assessee was denied a proper opportunity of being heard by the CIT-A, leading to an ex parte order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH ‘SMC’, KOLKATA
Before: MS. MADHUMITA ROY
ORDER PER MS. MADHUMITA ROY:
The instant appeal filed by the assessee is directed against the order dated 01.08.2024 passed by the CIT-A, National Faceless Appeal Centre (NFAC) Delhi whereby and whereunder the order of addition to the tune of Rs. 7 Lacs on account of consultancy fees paid by the assessee under Section 40(a)(ia) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for Assessment Year 20118-19 has been confirmed.
1 | P a g e P a g e | 2 Heard the parties, perused the records. Having regard to the ex parte order passed by the Learned CIT-A this bench finds it fit and proper to grant a further opportunity of being to the assessee to represent its case before the CIT-A by furnishing the relevant documents including the documents as asked for by the authorities below. Thus, the appeal is disposed of by remitting the issue to the file of the CIT- A to consider the same afresh and to pass of a reasoned order upon granting an opportunity of being heard to the assessee and upon considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter. The appeal preferred by the assessee is, thus, allowed for statistical purposes.
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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