Calcutta High Court
Mr. Chandra Bhan Agarwal vs Additional Commissioner Of Income Tax on 20 September, 2010
Author: Kalyan Jyoti Sengupta
Bench: Kalyan Jyoti Sengupta
ITAT No. 199 OF 2010
GA No.2879 of 2010
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (INCOME TAX)
ORIGINAL SIDE
MR. CHANDRA BHAN AGARWAL
Versus
ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-31, KOLKATA & ORS.
BEFORE:
The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA
The Hon'ble JUSTICE KANCHAN CHAKRABORTY
Date : 20th September, 2010.
The Court: - In this matter the only point needs to be considered, is
substantial in nature is as follows ;-
i) Whether the Learned Tribunal is justified in accepting the
valuation made by the assessing officer as confirmed by the
Commissioner of Income Tax (Appeal) without considering the
materials produced by the assessee ?
Mr. R.N. Bandopadhyay, Learned Counsel for the revenue is present in
Court. He fairly submits that there is no need to serve any formal notice upon the
Respondents.
This matter is taken up after admitting, for final hearing itself. It appears from the impugned judgment and order of the Learned Tribunal that though the assessee argued with the materials, that the valuation arrived at by the assessing officer was not proper and justified, Learned Tribunal, it appears to us has not 2 considered this aspect of the matter. We, therefore, are of the view that this matter needs to be reconsidered.
Accordingly, the operation of judgment and order is kept in abeyance and the same is remanded for fresh hearing by the Learned Tribunal, who will hear afresh considering the materials placed before it earlier, and will take a fresh decision. If it is found that the present judgment is required to be changed or varied the same may be done with an open mind and without being influenced and/or swayed by the earlier observation.
After considering all the aspects if it is found that this judgment does not require any change, in that event stay granted by this Court will stand automatically vacated.
This entire exercise shall be done within a period of two months from the date of communication of this order.
All parties concerned are to act on a signed photostat copy of the operative portion of this order on the usual undertakings.
(KALYAN JYOTI SENGUPTA, J.) (KANCHAN CHAKRABORTY, J.) GH.