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Auro Service Calcutta Centre, Kolkata v. Adit (exemption) - Ii, Kolkata , Kolkata

Auro Service Calcutta Centre, Kolkata v. Adit (exemption) - Ii, Kolkata , Kolkata

(Income Tax Appellate Tribunal, Kolkata)

Income Tax Appeal No. 2472/Kol/2017 | 03-05-2019

PER Shri S.S. Viswanethra Ravi, JM: This appeal by the assessee against the order dated 21.09.2017 passed by the Commissioner of Income Tax (Appeals)-25, Kolkata [CIT(A)] for Assessment Year 2011-12.

2. The ld. AR submits that the assessee is not interested in prosecuting the Ground Nos.1 to 3 and prayed to dismiss the same as not pressed. Accordingly, Ground Nos.1 to 3 is dismissed as not pressed.

3. Further the he submits that the CIT(A) did not adjudicate Ground No.5 & 6 raised before him by assigning reasons thereof and prayed to remand the matter to the file on involving the issue raised in the Ground No.4 to the file of CIT(A). The ld. DR reported no objection.

3. Taking into consideration, the submissions of the ld. AR and DR and facts and circumstances of the case, we deem it proper to I.T.A No.2472/Kol/2017 Auro Service Calcutta Centre Page | 2 remand the matter to the file of CIT(A) for his fresh adjudication for Grounds No.5 & 6 raised before the first appellate authority regarding the expenses totaling to Rs.3,87,167/- and VAT involving of Rs.3,013/-. Therefore, Ground No.4 raised by the assessee in this appeal are allowed for statistical purposes.

4. In the result, the appeal of the assessee is allowed partly for statistical purposes. Order pronounced in the open court on 03.05.2019. Sd/- Sd/- [J. Sudhakar Reddy] [S.S. Viswanethra Ravi] Accountant Member Judicial Member Dated : 03.05.2019 Place : Kolkata RS, Sr.PS Copy of the order forwarded to: 1. Appellant Auro Service Calcutta Centre, Sri Aurobindo Bhavan, 8, Shakespeare Sarani, Kolkata 700071. 2 Respondent ADIT(Exemption)-II, Kolkata. 3. The CIT(A), Kolkata 4. 5. CIT , Kolkata DR, Kolkata Benches, Kolkata //True Copy// By order, Assistant Registrar, ITAT, Kolkata

Advocate List
Bench
  • SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER
  • SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER
Eq Citations
  • LQ/ITAT/2019/9585
Head Note

ITAT — Appeals — Maintainability/Competency — Matter concerning grant of registration under S. 12AA of Income Tax Act remanded to CIT(A) for fresh adjudication — CIT(A), in the impugned order, had not adjudicated on other issues raised before him, viz. disallowance of business expenses and disallowance of VAT — Appeal allowed for statistical purposes — Income Tax Act, 1961, S. 12AA.