Calcutta High Court
Principal Commissioner Of Income Tax-3 vs Rkbk Fiscal Services Pvt. Ltd on 14 May, 2018
Author: Abhijit Gangopadhyay
Bench: Sanjib Banerjee, Abhijit Gangopadhyay
GA No. 3346 of 2016
ITAT No. 213 of 2016
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction (Income Tax)
ORGINAL SIDE
PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA
Vs.
RKBK FISCAL SERVICES PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
And The Hon'ble JUSTICE ABHIJIT GANGOPADHYAY Date: 14th May, 2018 Appearance:
Mr. Ranjan Sinha, Adv.
Mr. J. P. Khaitan, Adv.
The Court: The order impugned passed by the Appellate Tribunal is assailed primarily on the ground of perversity since the tribunal came to an erroneous finding that the Commissioner while exercising authority under Section 263 of the Income Tax Act, 1961 did not give any or adequate reasons for finding that the order of assessment was in error. However, it appears from the order of the Commissioner that reasons were furnished by the Commissioner for passing the order.
It appears that the Commissioner's order was challenged on the twin grounds of lack of reasons and on merits. Since the Appellate Tribunal accepted that adequate reasons had not been furnished by the Commissioner, the merits of the assessee's appeal on the other grounds were not gone into.
ITA No. 46 of 2018 and GA No.3346 of 2016 are disposed of by setting aside the judgment and order dated November 27, 2015 passed by the Appellate 2 Tribunal and by remanding ITA No.441/Kol./2013 for a fresh adjudication by the appellate tribunal in accordance with law.
There will be no order as to costs.
(SANJIB BANERJEE. J) (ABHIJIT GANGOPADHYAY. J.) kc