Inox Management Consultancy Pvt. Ltd., Kolkata v. I.T.O.,Ward-9(3), Kolkata

MA 205/KOL/2019 | 2015-2016
Pronouncement Date: 22-11-2019 | Result: Allowed

Appeal Details

RSA Number 20523524 RSA 2019
Assessee PAN AACCI7362L
Bench Kolkata
Appeal Number MA 205/KOL/2019
Duration Of Justice 1 month(s) 19 day(s)
Appellant Inox Management Consultancy Pvt. Ltd., Kolkata
Respondent I.T.O.,Ward-9(3), Kolkata
Appeal Type Miscellaneous Application
Pronouncement Date 22-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 22-11-2019
Last Hearing Date 01-11-2019
First Hearing Date 01-11-2019
Assessment Year 2015-2016
Appeal Filed On 03-10-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S GODARA JUDICIAL MEMBER (MISC. APPLICATION) M.ANO.205/KOL/2019 (ARISING OUT ITA NO.661/KOL/2019) / ASSESSMENT YEAR:2015-16 ITA NO.661/KOL/2019 / ASSESSMENT YEAR:2015-16 INOX MANAGEMENT CONSULTANCY (P) LTD. 10/1A KALAKAR STREET 3 RD FLOOR KOLKATA-007 [ PAN NO.AACCI 7362 L ] / V/S . INCOME TAX OFFICER WARD-9(3) AAYAKAR BHAWAN P-7 CHOWRINGHEE SQUARE KOLKATA-69 /APPLICANT .. /RESPONDENT /BY ASSESSEE SHRI SUBASH AGARWAL ADVOCATE /BY REVENUE SMT. RANU BISWAS ACIT-SR-DR $ /DATE OF HEARING 01-11-2019 $ /DATE OF PRONOUNCEMENT 22-11-2019 /O R D E R THIS ASSESSEES MISCELLANEOUS PETITION FILED U/S 2 54(2) OF THE INCOME TAX ACT 1961; IN SHORT THE ACT SEEKS TO RE-CALL / RECTIFY THE TRIBUNALS ORDER DATED 30.08.2019 ON ACCOUNT OF NON-PROSECUTION SINCE NOBODY HAD APP EARED IN THE MAIN CASE HEARING FIXED FOR THE VERY DATE.. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES MISCELLANEOUS APPLICATION SUBMITS THAT THE TRIBUNALS ORDER DATED 30.08.2019 DISMISSING THE MAIN APPEAL FOR NON-PROSE CUTION ON ACCOUNT OF ITS NON- APPEARANCE BE RE-CALLED SINCE THERE WAS A COMMUNICA TION GAP REGARDING THE DATE OF HEARING IN THE MAIN CASE. THE REVENUE IS FAIR ENOUG H IN NOT DISPUTING ALL THESE SOLEMN MA NO.205/KOL/2019 & ITA NO.661/KOL/2019 A.Y. 2 015-16 INOX MANAGEMENT CONSULTANCY (P) LTD.. VS. ITO W D-9(3) KOL. PAGE 2 AVERMENTS. WE THEREFORE RE-CALL MY ORDER DATED 30.0 8.2019 AND RESTORE THE APPEAL AT ITS ORIGINAL NUMBER (ITA 661/KOL/2019). 3. I NOW PROSECUTE TO DEAL WITH THE MAIN CASE ITSEL F WITH THE CONSENT OF BOTH THE PARTIES. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE HEREIN CHALLENGES BOTH THE LOWER AUTHORITIES ACTION TREATING ITS LONG TERM CAPITAL G AINS OF 27 31 856/- AS BOGUS UNEXPLAINED CASH CREDITS FOLLOWED BY UNEXPLAINED CO MMISSION EXPENDITURE OF 26 130/-. I FIND THAT THE CIT(A)S ORDER UNDER CHAL LENGE HAS BEEN EX PARTE WITHOUT DEALING WITH THE ASSESSEES DETAILED EVIDENCE FORMI NG PART OF THE ASSESSMENT RECORDS. THERE IS ALSO NO INDICATION IN THE LOWER APPELLATE ORDER THAT THE ASSESSEE HAD BEEN ACTUALLY SERVED RELEVANT HEARING NOTICE. I THEREFOR E DEEM IT APPROPRIATE THAT LARGER INTEREST OF JUSTICE WOULD BE MET IF THESE TWIN ISSU ES ARE RESTORED BACK TO THE FILE OF CIT(A) FOR AFRESH ADJUDICATION WITHIN THREE EFFECTI VE OPPORTUNITIES OF HEARING. THIS ASSESSEE IS DIRECTED TO APPEAR BEFORE THE CIT(A) ON OR BEFORE 15.04.2020 ALONGWITH A COPY OF THIS ORDER. THIS ASSESSEES MAIN APPEAL ITA NO.661/KOL/2019 IS ACCEPTED FOR STATISTICAL PURPOSES. 4. THE ASSESSEES MISCELLANEOUS APPLICATION MA NO.205/KOL/2019 IS ALLOWED AND ASSESSEES MAIN APPEAL ITA NO.661/KOL/2019 IS ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 22/11/2019 SD/- (S.S. GODARA) JUDICIA L MEMBER KOLKATA *DKP/SR.PS ( - 22/11/2019 / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE-INOX MANGEMETN CONSULTANCY PVT. LTD. 10/1/ A KALAKAR STREET 3 RD FLOOR KOLKTA-007 2. /REVENUE-ITO WD-9(3) AAYKAR BHAWAN P-7 CHOWRINGHEE SQ. KOLKATA-69 3. + / CONCERNED CIT 4. - / CIT (A) 5. + $ + / DR ITAT KOLKATA 6. / GUARD FILE. BY ORDER/ /TRUE COPY/ $ +