M/S. UTKAL BUILDERS LTD., ,BHUBANESHWAR vs. DCIT, CIRCLE - 1(1), KOLKATA
In the result, this appeal of the assessee is allowed not only on legal ground of violation of principles of natural justice but also on merits
ITA 605/KOL/2024[2017-18]Status: DisposedITAT Kolkata12 Sept 2024AY 2017-18
Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. Nos.604&605/Kol/2024 Assessment Years: 2016-17 & 2017-18 M/S Utkal Builders Ltd…....…….…....…………….......…....………....Appellant Plot No.777, Virayatan Saheed Nagar, Bhubaneshwar, Khorda, Orissa – 751007. [Pan: Aaacu5502C] Vs. Dcit, Circle-1(1), Kolkata……............................................…..…..... Respondent Appearances By: Shri S. M. Surana, Ar & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 18, 2024 Date Of Pronouncing The Order : September 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee For Different Assessment Years Against The Separate Orders Dated 15.02.2024 & 14.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since Common Issues Are Involved In Both The Appeals, Therefore, Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. Ita No.604/Kol/2024 Is Taken As Lead Case For Narration Of Facts. 2. Ita No.604/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:
Section 131Section 250Section 68
justice. Any such order passed by the Assessing Officer, in our view, legally cannot have the stamp of validity.
In view of the above observation, the assessment order is liable to be quashed. We order accordingly.
However, at the insistence of the ld. representatives of the parties, the issues are adjudicated on merits also.
7. So far as the validity
