Itat/240/2023 Of Principal Commissioner Of Income Tax Central 1 Kolkata v. Skyview Dealtrade Pvt Ltd

O – 45 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax] ORIGINAL SIDE ITAT/240/2023 IA NO.GA/1/2023 PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL - 1, KOLKATA -Versus- SKYVIEW DEALTRADE PVT. LTD. BEFORE : THE HON’BLE CHIEF JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 22[nd ]January, 2024 Appearance:Mr.Prithu Dudheria, Adv. ..for the appellant. Mr.Soumitra Chowdhury, Adv. Mr.Avra Mazumder, Adv. Mr.K. Roy, Adv. ...for the respondent. The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 25[th] May, 2023 passed by the Income Tax Appellate Tribunal, A-Bench, Kolkata (the Tribunal) in ITA No.482/Kol/2022 for the assessment year 2012-13. The revenue has raised the following substantial questions of law for consideration : “(a) WHETHER on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal has erred in law in not considering the settled position of law that an Assessing Officer has no jurisdiction to re-examine he issue during the pendency of the appeal before the Higher Authority i.e. CIT (A) in the instant case? (b) WHETHER on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal has erred in law by placing the reliance on the illegal action of the Assessing Officer to decide the appeal in favour of the assessee?” We have heard Mr. Prithu Dudheria, learned senior standing counsel appearing for the appellant/revenue and Mr. Soumitra Chowdhury, learned advocate appearing for the respondent/assessee. After elaborately hearing the learned advocates for the parties and carefully perusing the materials on record, we find that the learned Tribunal had taken note of a report called for from the assessing officer wherein it has been mentioned as follows : “The case was earlier assessed u/s 144 of the Income Tax Act, 1961 on 17.03.2015 by DCIT, CC-2(1), Kolkata. Addition was made on account of share capital amounting to Rs.3,49,87,796/-, unsecured loan amounting Rs.34,83,745/- and disallowance of expenses amounting to Rs.38,973/-. Total income was assessed at Rs.3,84,33,520/-. The assessee had preferred an appeal before the Ld. Commissioner of Income Tax (Appeals), Central-1, Kolkata which is pending as on date. During the course of current assessment proceeding u/s 153C read with section 143(3), the assessee has furnished documentary evidences in connection with receipt of share capital, unsecured loans and expenses which have been verified and considered while finalizing the assessment proceedings.” Considering the above factual position, the learned Tribunal held that the addition made pursuant to the original ex parte assessment which is the subject-matter of appeal before the learned Tribunal is not sustainable and, accordingly, ordered the same to be deleted. Thus, we find that no question of law much less substantial question of law arises for consideration. Hence, the appeal fails and is dismissed. The connected application stands closed. (CHIEF JUSTICE) S.Das/ (HIRANMAY BHATTACHARYYA, J.)