M/S. CSS PROJECTS PVT. LTD.,,KOLKATA vs. I..T.O., WARD - 6(1), KOLKATA, KOLKATA
In the result, the appeal of the assessee stands allowed
ITA 20/KOL/2023[2015-2016]Status: DisposedITAT Kolkata14 Dec 2023AY 2015-2016
Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.20/Kol/2023 Assessment Year: 2015-16 M/S Css Projects Pvt. Ltd......…...................................................……Appellant Shantiniketan Building, 8, Camac Street, Room No.1011, Kolkata-700017. [Pan: Aaccc6067A] Vs. Ito, Ward-6(1), Kolkata..............................……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 26, 2023 Date Of Pronouncing The Order : December 14 , 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.11.2019 Of The Commissioner Of Income Tax (Appeals)-2, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Registry Has Pointed Out That The Appeal Is Time Barred. A Perusal Of The Record Shows That The Impugned Order Of The Cit(A) Is Dated 22.11.2019, Whereas, The Appeal Has Been Filed In The Month Of January 2023. A Copy Of The Affidavit Of Shri Sanjay Kr. Jain, Director Of The Assessee Company Has Been Placed On File, Wherein, It Has Been Pleaded That None Of The Notices Of Hearing Issued By Ld. Cit(A), Kolkata
Section 142(1)Section 250Section 271(1)(c)Section 56(2)(viib)
delay in filing the present appeal is hereby condoned.
3. Now, coming to the merits of the appeal, the assessee is aggrieved by the action of the lower authorities for making impugned additions of Rs.1,88,62,500/- observing that the assessee has received the share premium of the said amount, which was considered to exceed fair market value