AMITY PHARMACEUTICALS MARKETING,KOLKATA V. ITO, WARD-22(2), KOLKATA

ITA 1327/KOL/2025

AI Insights

The case involves Amity Pharmaceuticals Marketing appealing against an order from the Commissioner of Income Tax (Appeals), which confirmed the AO's addition regarding discrepancies between the income reported in Form 26AS and the Profit & Loss Account. The assessee argued that there was no difference, and any discrepancies were due to subsequent revisions of Form 26AS by the concerned party after the filing of the income return. The Tribunal found merit in reassessing the discrepancy and restored the matter to the AO for a detailed examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 787419 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 19-06-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; FORM 26AS

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH,KOLKATA SHRI DUVVURU RL REDDY, VICE PRESIDENT SHRI RAJESH KUMAR, ACCOUNTANT MEMBER I.T.A. No. 1327/Kol/2025 (Assessment Year 2013-2014) Amity Pharmaceuticals Marketing, 26, Ramkrishna Pally, Mukundapur, Kolkata - 700099 [PAN: AAMFA4368F]……..…...……………....Appellant vs. ITO Ward, 22(2), Kolkata ............................ Respondent Appearances by: Assessee represented by :Promit Majumdar, Advocate Department represented by : Soumitra Ghosh, Addl.CIT, Sr. DR Date of concluding the hearing : 21.08.2025 Date of pronouncing the order : 19.11.2025 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER 1. This appeal arises from order dated 03.03.2025, passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”) by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereafter “the Ld. CIT(A)]. 2. At the outset, we note that there is a delay of 196 days in filing of the appeal by the assessee for which the condonation petition along with affidavit has been filed. After hearing the rival contentions and perusing the material available on record, we find that the delay is for sufficient and bonafide reasons and accordingly condoned. 3. We find that in the case, the AO has made an addition on account of difference between the income as per Form 26AS vis a vis Profit & Loss Account of the assessee. According to the assessee, there is no Printed from counselvise.com 2 ITA No.1327/Kol/2025 Amity Pharmaceuticals Marketing difference between Form 26AS and Profit & Loss Account of the assessee. The CIT(A) also confirmed the assessment order by recording the finding that the plea of the assessee that Form 26AS was revised subsequent by the party after filing the return of income by the assesseee is incorrect and accordingly ld. CIT(A) confirmed the order of AO. To this extent, we are of the view that the correct position as to the discrepancy between form 26AS and Profit and Loss A/C need to be ascertains. Accordingly, we restore the issue to the file of AO with a direction to re-adjudicate the issue after affording a reasonable opportunity of being heard to the assessee. Needless to say, that the assessee shall file all the necessary documents and evidences in support of its stand before the AO. Accordingly, appeal is allowed for statistical purposes. 4. In result, appeal of the assessee is allowed for statistical purposes. Order pronounced on 19.11.2025 Sd/- Sd/- (Duvvuru RL Reddy) (Rajesh Kumar) Vice President Accountant Member Dated: 19.11.2025 AK,Sr. P.S. Copy of the order forwarded to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5. CIT(DR) //True copy// By order Assistant Registrar, Kolkata Benches Printed from counselvise.com "