SHIVAM DHATU UDYOG PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 3(1), KOLKATA, KOLKATA

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ITA 1575/KOL/2024Status: DisposedITAT Kolkata15 October 2024AY 2012-2013Bench: DR. MANISH BORAD (Accountant Member), SHRI SONJOY SARMA (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored all issues to the file of the CIT(A) for fresh adjudication. The CIT(A) was directed to provide a proper opportunity to the assessee to present their case and file relevant evidence.

What were the facts?

The assessee's appeals for assessment years 2012-13 to 2014-15 were dismissed by the CIT(A) without considering online submissions. The assessee claimed that crucial documents were filed online but not taken into account by the CIT(A).

What were the issues?

Whether the CIT(A) erred in dismissing the appeals without considering the online submissions filed by the assessee, thus violating principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, KOLKATA

Before: DR. MANISH BORAD & SHRI SONJOY SARMA

For Appellant: Shri Siddharth Agarwal, AR
Hearing: 03.10.2024Pronounced: 15.10.2024

आदेश/O R D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER:

1.

The captioned appeals filed by the assessee, pertaining to assessment years 2012-13 to 2014-15 are directed against the orders passed by the Learned Commissioner of Income Tax (Appeals) – 27, Kolkata (hereinafter referred to as the ‘ld. CIT(A)’) even dated 27th May, 2024, which arising out of the assessment order dated 2nd December, 2019, 24th December, 2016, for A.Y. 2012-13, 2013-14 and 2014-15 respectively.

3.

At the outset, the learned Authorized Representative of the assessee stated that the learned CIT (A), Kolkata, has dismissed the appeals, without considering the online submissions filed by the assessee. Therefore, in the interest of justice instant appeals may be set aside to the file of the CIT (A) with a direction to re- examine the issue afresh after giving proper opportunity to the assessee to present his case before learned CIT (A) and adjudicate the matter on the merits of the case.

4.

On the other hand, the learned Departmental Representative did not object to such prayer made by the assessee before the Bench.

5.

We after hearing the submission of the parties and perusing the material available on record, we find that in the impugned orders passed, ld. CIT (A) has dismissed the appeal of the assessee observing that assessee has neither appeared for hearing nor filed any submissions. On the other hand, Ld. counsel for the assessee has placed evidence before us to prove that various details and documents were filed before Ld. CIT(A) through online mode and the same has not been considered by Ld. CIT(A). We therefore, in the given facts and in the larger interest of justice and being fair to both the parties, deem it appropriate to restore all the issues raised in the instant three appeals on merits to the file of the ld. CIT (A) for necessary adjudication for which reasonable opportunity is to be provided to the assessee to furnish the reply and file relevant

6.

In the result, all the appeals of the assessee being to 1577/Kol/2024 are allowed for statistical purposes.

Order pronounced in the Court on 15th October, 2024 at Kolkata.

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