West Bengal Electronic Industires Development Corporation Ltd.,, Kolkata v. DCIT, Circle - 1,, Kolkata

A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA () BEFORE . . . . ! ! ! ! /AND ' #!' ' #!' ' #!' ' #!' ) [BEFORE SHRI P. K. BANSAL AM & SHRI MAHAVIR SINGH JM] !$ / I.T.A NO.594/KOL/2008 #% &'/ ASSESSMENT YEAR: 2004-05 WEST BENGAL ELECTRONIC INDUSTRIES VS. DEPUTY COM MISSIONER OF INCOME TAX DEVELOPMENT CORPORATION LTD. CIRCLE-1 KOLKATA (PAN: AAACK2411Q) ()* /APPELLANT ) (+ )*/ RESPONDENT ) DATE OF HEARING: 31.07.2014 DATE OF PRONOUNCEMENT: 31.07.2014 FOR THE APPELLANT: SHRI NIMISH KUMAR A.R FOR THE RESPONDENT: SHRI SANJAY MUKHERJEE JDIT SR. DR / ORDER PER SHRI MAHAVIR SINGH JM : THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-I KOLKATA IN APPEAL NO. 199/CIT(A)-I/CIR-I/06-07 DATED 12.02.2008. ASSESSM ENT WAS FRAMED BY DCIT CIRCLE-1 KOLKATA U/S. 143(3) OF THE INCOME-TAX ACT 1961 (HE REINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2004-05 VIDE HIS ORDER DATED 18.12. 2006. 2. AT THE OUTSET IT IS SEEN THAT THE CIT(A) HAS NO T ADJUDICATED THE ISSUES AND SET ASIDE THE ASSESSMENT FOR FRAMING FRESH ASSESSMENT ON THE REVI SED RETURN. AS FAR AS ACCEPTING THE REVISED RETURN WE HAVE NO ISSUE WITH THE ORDER OF CIT(A) B UT THERE IS NO POWER VESTED WITH CIT(A) U/S. 251 OF THE ACT DIRECTING THE AO TO PASS FRESH ASSES SMENT ORDER. IN OUR VIEW THE SETTING ASIDE BY CIT(A) IS NOT AS PER LAW. HENCE AS FAR AS THE ORDER OF CIT(A) SETTING ASIDE THE ASSESSMENT IS QUASHED AND THIS APPEAL IS SET ASIDE TO THE FILE OF THE CIT(A) TO PASS A SPEAKING ORDER ON MERITS AFTER PROVIDING REASONABLE OPPORTUNITY OF BE ING HEARD TO THE ASSESSEE. APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES 3. IN THE RESULT THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4. ORDER PRONOUNCED IN OPEN COURT. SD/- SD/- . . . . ' #!' ' #!' ' #!' ' #!' (P. K. BANSAL) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 31 ST JULY 2014 -. #/0 #1 JD.(SR.P.S.) 2 ITA NO.594/K/2008 WB ELECTRONIC IND. DEV. CORPN. LTD. AY 04-05 2 +##3 43&5- COPY OF THE ORDER FORWARDED TO: 1 . )* / APPELLANT WEST BENGAL ELECTRONIC INDUSTRIES DEVEL OPMENT CORPORATION LTD. WEBEL BHAWAN BLOCK EP & JP SEC TOR-V SALT LAKE CITY KOLKATA-700 091. 2 + )* / RESPONDENT DCIT CIRCLE-1 KOLKATA. 3 . # ( )/ THE CIT(A) KOLKATA 4. 5. # / CIT KOLKATA 3:#; +# / DR KOLKATA BENCHES KOLKATA 3 +#/ TRUE COPY