Triton Health Care Pvt. Ltd. v. The Income-tax Officer, Corporate Ward-3(2), Chennai
[Citation -2019-LL-0903-17]

Citation 2019-LL-0903-17
Appellant Name Triton Health Care Pvt. Ltd.
Respondent Name The Income-tax Officer, Corporate Ward-3(2), Chennai
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 03/09/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags service of notice • speaking order • promotion expenses • disallowance of expenses • re-examine the issue
Bot Summary: None appeared for the assessee despite service of notice beyond the period. The Registry has placed on record postal acknowledgement 2 ITA No.281/Chny2019 as a proof of service of notice to the assessee. CIT(A) dismissed the appeal on the ground that he has no records other than the assessment order, statements of facts and grounds of appeal. CIT(A) to call for the records of the AO and re-appreciate the material available on record and thereafter, decide the appeal by a speaking order. CIT(A) has not choose to call for the record and re-appreciate the material available on record. CIT(A) shall re-examine the matter after calling for the records of the Assessing Officer and decide the issue on merits by a speaking order after giving reasonable opportunity to the assessee. With the above observation, the appeal of the assessee is allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL A/SMC BENCH : CHENNAI BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER I.T.A.No.281/Chny/2019 /Assessment year 2014-15 M/s. Triton Health Care Pvt. Ltd., Vs. Income-tax Officer, No.75, Dhanalakshmi Colony, Corporate Ward-3(2) Natarajan Street, Vadapalani, Chennai Chennai. [PAN: AABCT3051A (Appellant) (Respondent) Appellant by : None ! /Respondent by : Shri A.R.V. Sreenivasan, JCIT /Date of Hearing : 16-07-2019 /Date of Pronouncement : 03-09-2019 / ORDER PER N.R.S.GANESAN, JUDICIAL MEMBER This appeal of assessee is directed against order of Commissioner of Income-tax Chennai-7, Chennai (hereafter called as CIT(A) ), dated 30.11.2018 and pertains to assessment year 2014-15. 2. None appeared for assessee despite service of notice beyond period. Registry has placed on record postal acknowledgement 2 ITA No.281/Chny2019 as proof of service of notice to assessee. Therefore, I heard Ld. Departmental Representative and proceeded to dispose of appeal on merit. After hearing of ld. Departmental Representative, this Tribunal finds that ld. CIT(A) has not disposed appeal on merit. freebies has given to Doctors for promotion of pharmaceutical and allied products was claimed as expenditure, while computing total income. ld. CIT(A) dismissed appeal on ground that he has no records other than assessment order, statements of facts and grounds of appeal. Under scheme of Income Tax Act, ld. CIT(A) has jurisdiction coterminous as that of Assessing Officer (AO). ld. CIT(A) was also empowered to enhance assessment. Therefore, it is obligatory on part of ld. CIT(A) to call for records of AO and re-appreciate material available on record and thereafter, decide appeal by speaking order. In this case, ld. CIT(A) has not choose to call for record and re-appreciate material available on record. Therefore, matter needs to be re- examination of ld. CIT(A). Accordingly, order of ld. CIT(A) is set aside entire issue is remitted back to file of ld. CIT(A). ld. CIT(A) shall re-examine matter after calling for records of Assessing Officer and decide issue on merits by speaking order after giving reasonable opportunity to assessee. 3 ITA No.281/Chny 2019 3. With above observation, appeal of assessee is allowed for statistical purposes. Order pronounced on day of 03rd September, 2019, in Chennai. Sd/- (N.R.S. GANESAN) JUDICIAL MEMBER Chennai, (Dated: 03rd September, 2019. EDN, Sr. P.S Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. . CIT 5. , DR 6. GF Triton Health Care Pvt. Ltd. v. Income-tax Officer, Corporate Ward-3(2), Chennai
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