ARCH VYAPAAR P PRIVATE LIMITED,KOLKATA V. JCIT (IN-SITU), DCIT CIR-4(1), KOLKATA, KOLKATA

CO 21/KOL/2024

AI Insights

This case involves an appeal by the revenue against the order of the Commissioner of Income Tax (Appeals) which allowed the appeal of Arch Vyapaar Pvt. Ltd. for statistical purposes. The original dispute arose from the assessment year 2012-13, where the assessee company was accused of taking accommodation entries amounting to Rs. 2,72,50,000 from various entities. The AO initially assessed the total income of the assessee at Rs. 3,08,95,970, which was contested. The CIT(A) directed the AO to verify the assessee's claims regarding these transactions. The revenue's appeal to the Tribunal sought to expedite the AO's compliance with the CIT(A)'s directions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 36474 (ITAT-KOLKATA)
• Appeal Type: Cross Objection
• Pronouncement Date: 10-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 148

Judgement Text

"आयकर अपीलȣय अͬधकरण, कोलकाता पीठ “बी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA Įी राजेश क ुमार, लेखा सटèय एवं Įी Ĥदȣप क ुमार चौबे, ÛयाǓयक सदèय क े सम¢ [Before Shri Rajesh Kumar, Accountant Member &Shri Pradip Kumar Choubey, Judicial Member] I.T.A. No. 1087/Kol/2024 Assessment Year: 2012-13 JCIT(In-Situ), DCIT, Circle-4(1), Kolkata Vs. Arch Vyapaar Pvt. Ltd. (PAN: AAFCA 5473 M) Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ CO No. 21/Kol/2024 (Arising out of I.T.A. No. 1087/Kol/2024) Assessment Year: 2012-13 Arch Vyapaar Pvt. Ltd. (PAN: AAFCA 5473 M) Vs. JCIT (In-Situ), DCIT Circle-4(1), Kolkata Cross-objector Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 23.01.2025 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 10.02.2025 For the assessee / Ǔनधा[ǐरती कȧ ओर से Shri Yash Baid, A.R For the revenue / राजèव कȧ ओर से Smt. Monalisha Pal Mukherjee, JCIT, Sr. DR 2 I.T.A. No. 1087/Kol/2024 CO No. 21/Kol/2024 Assessment Year: 2012-13 Arch Vyapaar Pvt. Ltd. ORDER / आदेश Per Pradip Kumar Choubey, JM: This is the appeal preferred by the revenue and the cross objection by the assessee against order of Commissioner of Income Tax (Appeal)- NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 15.02.2024 for AY 2012-13. 2. Brief facts of the case of the assessee are that the assessee being a company filed its original return of income for AY 2012-13 disclosing total income of Rs. 36,45,967/-. Subsequently information was received that the assessee company had taken accommodation entry of Rs. 2,72,50,000/- during the previous year 2011-12 form M/s Goodhope Vincom Pvt. Ltd., M/s Bright Moon Vinimay Pvt. Ltd. and M/s Vidhata Housing Pvt. Ltd.. A notice u/s 148 of the Act was issued, in response to that the assessee filed return of income declaring total income of Rs. 35,45,967/-. The AO assessed the total income of the assessee at Rs. 3,08,95,970/- by holding that even though the opportunity of being heard of providing to the assessee but the assessee company failed to discharge the onus to provide a transaction as being genuine and failed to discharge its duties. 3. The said order has been challenged by the assessee before the Ld. CIT(A) wherein the Ld. CIT(A) allowed the appeal of the assessee for statistical purposes thereby directing the AO to verify the claim of the assessee and if it is found to be correct that the purported transaction are the assessee’s own money conduced under garb of accommodation entry is required to be deleted. Being aggrieved and dissatisfied the department has preferred the present appeal. 4. The Ld. Sr. D.R has submitted before the Tribunal that let this appeal be disposed off by giving a direction to the AO to pass order expeditiously as the A.R has already made his representation before the A.O. after passing of the impugned order. 3 I.T.A. No. 1087/Kol/2024 CO No. 21/Kol/2024 Assessment Year: 2012-13 Arch Vyapaar Pvt. Ltd. 5. Dring the course of argument the Ld. A.R has submitted that after passing the order of Ld. CIT(A) the assessee has participated in the proceedings before the AO but yet no order has been passed by the AO. 6. Upon hearing the submission of the counsel for the respective parties and going over the order of Ld. CIT(A) the present appeal of the department is hereby disposed off with the direction to the AO to pass an order in the light of the order passed by the Ld. CIT(A) expeditiously so that the justice could be done. Accordingly, the appeal of the revenue is hereby disposed off with the above observation. In the result, the appeal filed by the revenue is dismissed and the C.O has also dismissed. Order is pronounced in the open court on 10th February, 2025 Sd/- Sd/- (Rajesh Kumar/राजेश क ुमार) (Pradip Kumar Choubey /Ĥदȣप क ुमार चौबे) Accountant Member/लेखा सदèय Judicial Member/ÛयाǓयक सदèय Dated: 10th February, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- JCIT(In-Situ), DCIT, Circle-4(1), Kolkata 2. Respondent – Arch Vyapaar Pvt. Ltd., 19, R. N. Mukherjee Road, Eastern Building Room no. 211, Dalhausie-700001 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "