Income Tax Appellate Tribunal - Kolkata
Emerald Company Ltd, Kolkata vs I.T.O Ward Ii(I), Kolkata, Kolkata on 26 April, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL "B", BENCH KOLKATA
BEFORE SHRI N.V. VASUDEVAN, JM & DR. A.L.SAINI, AM
आयकर अपील सं./ITA No.2214/Kol/2014
( नधा रण वष / Assessment Year :2009-10)
Emerald Company Ltd Vs. ITO ward 11(1), P-7
As the Bond Company Ltd Chowringhee square,
Merged into emerald Kolkata-700069
Company Ltd. Graphite
India Premises, 31
Chowringhee Road,
Kolkata-700001
थायी ले खा सं . /जीआइआर सं . /PAN/GIR No. :AADCE2623D
(अपीलाथ /Appellant) .. ( यथ / Respondent)
नधा रती क ओर से /Assessee by : Shri P.R. Kothari, FCA
राज व क ओर से /Revenue by : Shri Bani Brata Dutt Addl.CIT-DR
सन
ु वाई क तार ख / Date of Hearing : 12/04/2017
घोषणा क तार ख/Date of Pronouncement 26/04/2017
आदे श / O R D E R
Per Dr. Arjun Lal Saini, AM:
The captioned appeal filed by the Assessee, pertaining to Assessment Year 2009-10, is directed against an order passed by the ld. Commissioner of Income Tax (Appeals) XII Kolkata, in appeal No. 271/XII/11(1)/11-12, dated 14.10.2014, which in turn arises out of an order passed by the Assessing officer under section 143(3) of the Income Tax Act,1961 ( hereinafter referred to as the 'Act'), dated 29.11.2011.
2. Brief facts of the case qua the assessee are that the assessee filed its return of income for the assessment year 2009-10 on 22.09.2009 disclosing a total income of Rs.20,02,107/-. The return of income was processed U/s 143(1) of the Act on dated 03.11.2010. Later on, the 2 ITA No.2214/Kol/2014 Emerald Company Ltd (The Bond Company ltd merged) assessee`s case was selected for scrutiny U/s 143(2) of the Act and Assessing Officer completed the assessment by making various additions.
3. Dissatisfied with the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) who has confirmed the addition made by the Assessing Officer, by passing an exparte order. The ld CIT(A) observed that assessee did not attend the hearing and did not file the written submissions therefore, ld CIT(A). As a result, the ld CIT(A) took the view that the assessee did not want to pursue appeal therefore ld CIT(A) passed the exparte order, i.e. without presence of the assessee.
4. Not being satisfied with the order of the ld CIT(A), the assessee is in further appeal before us and has taken the four grounds of appeal. The first ground raised by the assessee is against the ex-parte dismissal of appeal by ld CIT(A). Ground No. two, three and four raised by the assessee are on merits, which were not pressed by the assessee, therefore, we do not adjudicate them. The solitary grievance of the assessee in this appeal is that ld CIT(A) erred in passing the ex-parte order without actually considering the subject issues on merit & without providing proper opportunity of hearing.
5. Ld AR for the assessee has submitted that because of ill health the assessee could not attend the office of the ld CIT(A). The ld CIT (A) passed the order in hurry without providing further opportunity of hearing. The ld DR for the Revenue did not object the propositions canvassed by the ld AR of the assessee.
3ITA No.2214/Kol/2014
Emerald Company Ltd (The Bond Company ltd merged)
6. We are of the view that rights and duties of the assessee have not been determined by the ld CIT(A), therefore, we remit the case back to the file of the CIT(A) with the direction to adjudicate the issue afresh, on merit after providing adequate opportunity of hearing to the assessee. We also direct the assessee to furnish the documents, information and explanation as required, by the ld CIT(A).
7. In the result, the appeal filed by the assessee, is allowed for statistical purposes.
Order pronounced in the open court on this 26/04/2017.
Sd/- Sd/-
(N.V. VASUDEVAN) (DR. A.L.SAINI)
या यक सद य / JUDICIAL MEMBER लेखा सद य / ACCOUNTANT MEMBER
कोलकाता /Kolkata; $दनांक Dated 26/04/2017
काश (म*ा/Prakash Mishra,Sr.PS.
आदे श क त ल प अ े षत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant- Emerald Company Ltd
2. यथ / The Respondent.-ITO, Wd-11 (1), Kolkata
3. आयकर आयु4त(अपील) / The CIT(A), Kolkata.
4. आयकर आयु4त / CIT ु ार/ BY आदे शानस
5. 5वभागीय त न8ध, आयकर अपील य अ8धकरण, कोलकाता / DR, ITAT, Kolkata ORDER,
6. गाड फाईल / Guard file.
स या5पत त //True Copy// सहायक पंजीकार
(Asstt.
Registrar)
आयकर अपील%य अ&धकरण, कोलकाता / ITAT, Kolkata