MD KAMRAN,KOLKATA vs. ITO, WD-40(1), KOLKATA, KOLKATA

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ITA 1250/KOL/2015Status: DisposedITAT Kolkata23 February 2016AY 2006-20071 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found the CIT(A)'s order to be cryptic, non-speaking, and lacking proper opportunity for the assessee. Therefore, the CIT(A)'s order was quashed.

What were the facts?

The assessee's appeal arose from an order of the CIT(A) concerning assessment year 2006-07. The original assessment was framed under Section 147 of the Income Tax Act.

What were the issues?

The key issue was the validity of the CIT(A)'s order due to it being non-speaking and denying the assessee a proper hearing.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA

Before: Shri Mahavir Singh, JM]

Hearing: 23.02.2016Pronounced: 23.02.2016

This appeal by assessee is arising out of order of CIT(A)-12, Kolkata vide Appeal No. 195/CIT(A)-12/Kol/Wd-40(1)/Kol/2014-15 dated 31.07.2015. Assessment was framed by ITO, Wd-56(1), Kolkata u/s. 147 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2006-07 vide his order dated 31.12.2010. 2. At the time of hearing, I have gone through the order of CIT(A) and seen that the order passed by him is cryptic, non-speaking and also sufficient opportunity of hearing was not given to the assessee. There is no iota of merits discussed in his order. The duty of the CIT(A) is to pass a speaking order after controverting all the facts given by assessee and decide the issue with reasons after affording proper opportunity of hearing. Since this was absent in his order, I quash the same and remit the appeal back to his file for fresh adjudication with the above direction. I order accordingly. The appeal of assessee is allowed for statistical purposes.

3.

In the result, appeal of assessee is allowed for statistical purposes. Order pronounced in the open court. (Mahavir Singh) Judicial Member Dated : 23rd February, 2016 Jd. Sr. P.S Copy of the order forwarded to:

1.

Appellant – Md. Kamran, 21, Phears Lane, Kolkata-700012

2.

Respondent – ITO, Ward-40(1), Kolkata.

3.

CIT(A) , Kolkata

4.

CIT , Kolkata

5.

DR, Kolkata Benches, Kolkata /, By order, Asstt.

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