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IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Duvvuru RL Reddy, Vice President and Shri Rajesh Kumar, Accountant Member Assessment Year: 2011-12 Dhanterash Tradewing Pvt. Ltd........................…...........................……….……Appellant No.101, Real Tech Park, Vashi, Navi Mumbai-400705.

[PAN: AADCD6307R]

vs.

ITO, Ward-10(1), Kolkata.............…..….…..….........……........……...…..…..Respondent Appearances by:

Shri Vimal Punmiya, AR, appeared on behalf of the appellant.

Shri Raja Sengupta, CIT-DR, appeared on behalf of the Respondent.

Date of concluding the hearing : August 07, 2025 Date of pronouncing the order : August 27 , 2025

ORDER

Per Rajesh Kumar, Accountant Member:

The present appeal is filed by the assessee for the assessment year

2011-12 against the order dated 22.11.2024 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2. The assessee in this appeal has challenged the order of the ld. NFAC, Delhi upholding the order passed by the Assessing Officer u/s 144 r.w.s. 147 dated 19.11.2018 by ignoring the fact that the addition made by the Assessing Officer in respect of funds received by the assessee company was already subject matter of the revisionary proceedings u/s 263 of the Act which were dropped by the Pr. CIT after the assessee replying the show-cause notice issued u/s 263 with all evidences and documents by accepting the assessee’s contentions.

3. The facts in brief are that the assessee filed its return of income declaring a total income of Rs.3,851/- which was processed u/s 143(1)

of the Act. Later on, the case of the assessee was selected for scrutiny and assessment was accordingly framed u/s 143(3) of the Act vide order dated 7.05.2013 after assessing the income at Rs.49,750/-. During the assessment proceedings, all the details were called for by the Assessing Officer in respect of money received by the assessee during the year of Rs.7,03,66,330/-. It is pertinent to note that the said assessment was proposed to be revised by the Pr. CIT by invoking revisionary jurisdiction u/s 263 of the Act in February, 2015 by issuing a show-cause notice u/s 263 of the Act 03.02.2015 on the ground that the Assessing Officer did not verify the genuineness of the investment made in the assessee company from the investors. The assessee replied the said show-cause notice along with all evidences and documents and the proceedings u/s 263 of the Act were dropped vide order passed u/s 263 of the Act 28.03.2016. Thereafter, the Assessing Officer reopened the assessment of the assessee u/s 147 of the Act on the basis of information received from DDIT(Inv.), Unit 1(3) by issuing notice u/s 148 of the Act on 23.03.2018. It was noted in the reasons recorded that the assessee company was the beneficiary of Rs.7,03,66,330/- during the F.Y 2010- 11 relevant to A.Y 2011-12. There was no compliance to the notice u/s 148 by the assessee and the Assessing Officer thereafter issued notice u/s 142(1) of the Act and finally added the entire amount of Rs.7,03,66,330/- to the income of the assessee in the assessment framed u/s 144 r.w.s. 147 of the Act dated 19.11.2018.

4. Aggrieved by the order of the Assessing Officer, the assessee preferred appeal before the ld. CIT(A) and the assessee assailed the assessment order both on legal issue as well as on merit. The ld. CIT(A) issued various notices of hearing including a notice dated 04.12.2023 which was replied by the assessee on 15.12.2023 vide acknowledgment no.555684451151223 furnishing detailed explanation along with evidences on all points in defence of the grounds of appeal raised by the assessee. However, ultimately the ld. CIT(A) simply ignored the reply of the assessee and passed an ex parte order without taking the said reply/evidences/documents into consideration by simply stating that there was no compliance on the part of the assessee