M/S. DUNLOP INVESTMENTS LTD.,KOLKATA vs. ITO, WD-8(2), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found that the assessee had sought multiple adjournments before the CIT(A). Considering the facts and the interest of justice, the case was remanded to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal before the CIT(A) was decided ex-parte due to non-appearance. The assessee claimed that the notice from the CIT(A) was not received in time and filed an affidavit to this effect.
What were the issues?
Whether the CIT(A) erred in passing an ex-parte order without proper notice to the assessee, and if the case should be remanded for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH
Before: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi
This appeal by the assessee is directed against the order dated 18/03/2016 passed by the Commissioner of Income Tax(Appeals), 15, Kolkata for the assessment year 2005-06, wherein he passed an ex-parte order confirming the additions made by the AO.
It was submitted by the Ld.AR for the assessee that the AO made the additions u/Sec’s. 68 and 14A of the Act and determined the total income of the assessee at Rs.3,75,253/- against which the assessee preferred an appeal before the CIT(A), wherein he confirmed the additions for non appearance of the assessee. The Ld. AR further submits that the notice dated 25-02-2016 as mentioned by the CIT-A in his order M/s. Dunlop Investments Ltd 1 was not received by the assessee in time and to that effect an affidavit has been filed by the assessee before us.
On the contrary, the Ld.DR has relied on the orders of the authorities below.
We have heard the rival submissions and perused the material available on record. It is noticed from the impugned order that the CIT-A has given many opportunities to the assessee. The assessee could not appear before him to prosecute its case, but, however, it is noticed from the impugned order of the CIT-A that in all the dates of hearing the ld.A/R and staff of the assessee company appeared before him for seeking adjournment. We find that the assessee sought adjournments on different dates before the CIT(A), taking into consideration the facts and circumstances of the case, submissions of the Ld.AR as stated in the affidavit and in the interest of justice, we deem it fit and proper to remand the case to the file of the CIT-A for fresh adjudication as per law. The assessee shall be at liberty to file requisite evidences, if any, to substantiate its claim. The assessee is also directed to co-operate in further appellate proceedings without seeking any further adjournment.
In the result, the appeal of assessee is allowed for statistical purpose. 5.
ORDER PRONOUNCED IN OPEN COURT ON 11th November,2016 Sd/- Sd/- Waseem Ahmed S.S. Viswanethra Ravi Accountant Member Judicial Member Dated 11/11/ 2016 M/s. Dunlop Investments Ltd 2
Copy of the order forwarded to: 1. The Appellant/assessee: M/s. Dunlop Investments Ltd C/o Mr. Manoj Kataruka (Advocate, P-599, Keyatalla Road, Kolkata-700 029. 2 The Respondent/department: Income Tax Officer, Ward 8(2), Aaykar Bhawan, P-7 Chowringhee Square, Kolkata-700 069. 3 /The CIT(A)
4. The CIT DR, Kolkata Bench 5.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026