ROSEMERRY VINIMAY PVT LTD,RAIPUR vs. ITO, WARD 11(1), KOLKATA

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ITA 36/KOL/2024Status: DisposedITAT Kolkata04 October 2024AY 2011-2012Bench: SHRI SANJAY GARG (Judicial Member), DR. MANISH BORAD (Accountant Member)4 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal, taking a liberal view, restored all issues to the file of the CIT(A) for necessary adjudication. The assessee was granted liberty to file additional evidence and make submissions, with the CIT(A) to provide a speaking order after a proper hearing.

What were the facts?

The assessee's appeal for AY 2011-12 was against an assessment order under sections 144 and 147. The assessee alleged it did not receive a fair opportunity to appear before the CIT(A) and requested the matter be restored for adjudication and filing of additional evidence.

What were the issues?

Whether the assessee was denied a fair opportunity of hearing before the CIT(A) and whether the matter should be remanded for fresh adjudication with additional evidence.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 139(1),Section 143(1),Section 132,Section 148,Section 142(1),Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, KOLKATA

Before: SHRI SANJAY GARG & DR. MANISH BORAD

For Appellant: Shri Miraj D. Shah, AR
Hearing: 14.08.2024Pronounced: 04.10.2024

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

1.

The captioned appeal filed by the assessee for A.Y. 2011-12, is directed against the order passed by the National Faceless Appeal Centre, Delhi (hereinafter referred to as the ‘ld. CIT(A)’) dated 7th November, 2023 which is arising out of the assessment order passed u/s 144 read with section 147 of the Income-tax Act, 1961 (the Act) dated 20th November, 2018.

2.

At the outset, the ld. Counsel for the assessee submitted that the assessee did not get fair opportunity to appear before ld. CIT (A) and therefore, prayed that the matter may be restored to the file of the ld. CIT (A) for necessary adjudication of the issue raised in

3.

On the other hand, though, the ld. DR supported the orders of the ld. lower authorities but did not oppose to the request of the assessee for restoring the matter to the file of the ld. CIT (A).

4.

We have heard the rival contentions and perused the orders available on record. We find that the assessee is a private limited and is a investment company. Income of ₹5810 filed u/s 139(1) of the Act for A.Y. 2011-12, which was duly processed u/s 143(1) of the Act. Thereafter based on the information received on account of search carried out u/s 132 of the Act on 3rd January, 2018 in case of Super Sonic & Jhunjhunwala Group. The assessee alleged to be beneficiary of accommodation entry amounting to ₹6,49,39,000/-. Based on this information notice u/s 148 of the Act was issued followed by validly serving the other statutory notices. However, even after repeated directions assessee failed to furnish any document/ information to ld. AO, in response to the information called in the questionnaire attached to the notice u/s 142(1) of the Act. The ld. AO thus framed best judgement assessment u/s 144 of the Act making the addition for unexplained cash credit u/s 68 of the Act and income assessed at ₹6,49,39,000/-.

5.

Further, when the matter travelled before the ld. CIT (A), the assessee after filing the appeal failed to appear on the date of hearing fixed by ld. CIT (A) on 9th February, 2021, 25th April, 2023, 11th September, 2023, 9th October, 2023 and 19th October 2023. The ld. CIT (A) was thus, left with no option except to confirm the order of the ld. AO because no details were filed by the assessee before the ld. AO as well as before ld. CIT (A) and thus, the ld. CIT

6.

We on considering the facts and also taking a liberal view find it justified to restore all the issues raised in the instant appeal to the file of the ld. CIT (A) for necessary adjudication for which assessee will be at liberty to file all additional evidences and other submissions if deemed appropriate so that the ld. CIT (A) can frame a speaking order on the issue raised in the instant appeal. Needless, to mention that proper opportunity of being heard to be provided to the assessee and that the assessee should not seek any adjournments unless otherwise required for reasonable cause. Grounds of appeal raised by assessee are allowed for statistical purposes.

7.

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

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