M/S LIGHTHOUSE MARKETING PVT. LTD.,KOLKATA vs. ITO, WD-1(4), KOLKATA, KOLKATA

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ITA 1355/KOL/2015Status: DisposedITAT Kolkata22 February 2016AY 2008-091 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had not adjudicated the issue and had not passed a speaking order. Therefore, the CIT(A)'s order was set aside.

What were the facts?

The assessee's appeal arose from an order of the CIT(A) confirming an adjustment made by the AO under Section 143(1) of the Income Tax Act. The assessee contended that the AO's jurisdiction for such adjustments was limited.

What were the issues?

Whether the CIT(A) properly adjudicated the issue of AO's jurisdiction under Section 143(1) and passed a speaking order.

Which sections of the Income-tax Act were involved?

Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA

Before: Shri Mahavir Singh, JM]

Hearing: 22.02.2016Pronounced: 22.02.2016

This appeal by assessee is arising out of order of CIT(A)-5, Kolkata vide Appeal No. 152/CIT(A)-5/W-1(4)/09-10/14-15 dated 26.08.2015. 2. The first issue in this appeal of assessee is against the order of CIT(A) confirming the action of AO in making adjustment u/s. 143(1) of the Act.

3.

I have heard Ld. Sr. DR and gone through facts and circumstances of the case. I find that this issue was not adjudicated by CIT(A) and moreover, on merits also he has not passed a speaking order. According to assessee before CIT(A) that the juri iction u/s. 143(1) of the Act for making adjustment is limited only but this issue was not adjudicated by CIT(A). Hence, the order of CIT(A) is set aside and matter is remanded back to him for fresh adjudication and to pass a speaking order after taking into consideration of all facts. Appeal of assessee is allowed for statistical purposes.

4.

In the result, appeal of assessee is allowed for statistical purposes. Order pronounced in the open court. (Mahavir Singh) ` Judicial Member Dated : 22nd February, 2016 Jd. Sr. P.S Copy of the order forwarded to:

1.

Appellant – M/s. Lighthouse Marketing (P) Ltd., C/o Salarpuria Jajodia & Co., 7, C. R. Avenue, Kolkata-700 072

2.

Respondent – ITO, Wd-1(4), Kolkata.

3.

CIT(A) , Kolkata

4.

CIT , Kolkata

5.

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

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