M/S. DUNLOP INVESTMENTS LTD.,KOLKATA vs. ITO, WD-8(2), KOLKATA, KOLKATA

PDF · subscribers
ITA 1356/KOL/2016Status: DisposedITAT Kolkata11 November 2016AY 2005-20063 pages
AI SummaryRemanded

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?

Section 68,Section 14A

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.

2.

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.

3.

On the contrary, the Ld.DR has relied on the orders of the authorities below.

4.

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

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →