RAJ TECHNOCOM PVT. LTD.,KOLKATA vs. I.T.O., WARD - 4(1), KOLKATA, KOLKATA

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ITA 1453/KOL/2024Status: DisposedITAT Kolkata20 September 2024AY 2014-2015Bench: SHRI SONJOY SARMA (Accountant Member), SHRI RAKESH MISHRA (Judicial Member)2 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the CIT(A) order was passed without looking into the merits of the case. Therefore, the matter was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed without considering the merits of the case. The assessee contended that the CIT(A) failed to adjudicate on the case properly.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal on merits or dismissed it without considering the assessee's contentions.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH KOLKATA

Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA

For Appellant: Shri Siddharth Agarwal, AR
For Respondent: Shri P. P. Barman, Addl. CIT, Sr. DR

Raj Technocom Private Limited 3rd Floor, 28 Strand Road, Kolkata-700001, West Bengal [PAN: AABCR4259C] …………………………………………………. Appellant vs. Income Tax Officer, Ward 4(1), Aaykar Bhavan P-7, Chowringhee Square, Kolkata-700069, West Bengal …………..…………………………. Respondent Appearances by: Assessee represented by: Shri Siddharth Agarwal, AR Department represented by: Shri P. P. Barman, Addl. CIT, Sr. DR Date of concluding the hearing: 19.09.2024 Date of pronouncing the order: 20.09.2024 ORDER

PER SONJOY SARMA, JM:

1.

This appeal at the instance of the assessee is directed against the order of National Faceless Appeal Centre, Delhi [the learned CIT (A)] dated 07.05.2024, which is arising out of the assessment order under Section 147 of the Income- tax Act, 1961 (the Act) dated 26.05.2023. 02. At the outset, the learned Authorized Representative of the assessee stated that the impugned order passed by learned CIT (A), Kolkata, was dismissed, without considering the contention of the assessee, by simply dismissing the appeal of the assessee without adjudicating on the merit of the case. Therefore, instant appeal 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

3.

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

4.

We after hearing the submission of the parties and perusing the material available on record, we find that instant impugned order passed by NFAC was dismissed without looking into the merits of the case by simply dismissing the appeal of the assessee. We therefore, feel it necessary and in the larger interest of justice and being fair to both the parties, deem it appropriate to restore the issue raised on merits to the file of the ld. CIT (A) for necessary adjudication for which reasonable opportunity to be provided to the assessee to furnish the reply and file relevant details and evidences if needed. It is further clarify that assessee should not seek any adjournments unless otherwise required for reasonable cause. The appeal of the assessee is allowed for statistical purposes.

5.

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

Kolkata, 20th September, 2024

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