M/S GARGO ELECTRICALS,KOLKATA vs. ITO, WD-34(4), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal, considering the circumstances and in the interest of justice, decided to remand the case back to the CIT(A) for fresh adjudication. The assessee was permitted to file requisite evidence and directed to cooperate in the proceedings.
What were the facts?
The assessee's appeal before the CIT(A) was decided ex-parte due to the assessee's non-appearance. The assessee claimed a misunderstanding with their previous counsel, leading to the failure to prosecute the appeal before the CIT(A).
What were the issues?
Whether the ex-parte order of the CIT(A) should be set aside and the case remanded for fresh adjudication due to the assessee's failure to appear, despite the assessee's explanation and willingness to cooperate.
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 1st March, 2016 passed by the Commissioner of Income Tax(Appeals), 10, Kolkata for the assessment year 2010-11, wherein he passed an ex-parte order confirming the additions made by the AO.
None appeared on behalf of the Revenue. Therefore, we dispose of the appeal on merit after hearing the Ld. AR of the assessee and perusing the material available on record.
It was submitted by the Ld.AR for the assessee that the AO made the additions u/Sec’s. 68 and 40(a)(ia)r.w.s 194A of the Act and determined the total income of the assessee at Rs.6,94,610/- against M/s. Gargo Electricals 1 which the assessee preferred an appeal before the CIT(A), wherein he confirmed the additions for non appearance of the assessee.
We have heard the Ld.AR for the assessee 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, but, the assessee could not appear before him to prosecute its case. The Ld. AR before us submitted that the assessee has engaged Mr. R.S Singh, FCA to prosecute the appeal and accordingly the assessee was under the impression that the Counsel must be looking after the matter before the CIT-A. However, on receipt of the order of the CIT-A the assessee came to know that the Counsel did not pursue the matter before the CIT-A. However, the assessee immediately changed the Counsel and file the appeal before the Tribunal. The Ld.AR further humbly requested to dispose off the matter to the CIT-A for fresh adjudication and assured to attend the proceeding before the CIT-A. An affidavit was filed to that effect in support of the contention above. Having perused the same, taking into consideration the facts and circumstances of the case, submissions of the Ld.AR as submitted before us 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 16th November,2016 Sd/- Sd/- Waseem Ahmed S.S. Viswanethra Ravi Accountant Member Judicial Member Dated 16/11/ 2016 M/s. Gargo Electricals 2
Copy of the order forwarded to: 1. The Appellant/assessee: M/s. Gargo Electricals 55 Ezra Street, Ground Floor, Kolkata-700 001. 2 The Respondent/department: Income Tax Officer, Ward 34(4), Aaykar Bhawan Poorba, 110, Shantipally Kasba, Kolkata-700107. 3 /The CIT(A)
4. The CIT DR, Kolkata Bench 5.
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