ATANU KUNDU,KOLKATA V. ASSESSING OFFICER, OFFICE OF THE INCOME TAX OFFICER, GARIAHAT ROAD

ITA 23/KOL/2024

AI Insights

The case involves an appeal by Atanu Kundu against the order of the Commissioner of Income Tax (Appeals) - Addl/JCIT(A)-1, Coimbatore, which arose from an assessment order passed by the AO under Section 143(3) of the Income Tax Act, 1961 for the Assessment Year 2017-18. The primary issue in the appeal was the addition of Rs.8,56,500 made under Section 68 of the Act, attributed to unexplained cash deposits during the demonetization period. The assessee's counsel argued that the actual cash book was not duly filed in the lower authorities, leading to an improper consideration of the case. The Tribunal found merit in this argument and decided to remit the issue back to the AO for a fresh assessment.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 469715 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 03-01-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 143(3); 68

Judgement Text

"आयकर अपीलȣय अͬधकरण, कोलकाता पीठ “एसएमसी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH: KOLKATA क ुमारȣ मधुͧमता राय, ÛयाǓयक सदèय क े सम¢ [Before Ms. Madhumita Roy, Judicial Member] I.T.A. No. 23/Kol/2024 Assessment Year: 2017-18 Atanu Kundu (PAN: CBMPK 3993 B) Vs. ITO, Ward-30(1), Kolkata Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 15.10.2024 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 16.10.2024 For the Appellant/ Ǔनधा[ǐरती कȧ ओर से Pinki Shaw, FCA For the Respondent/ राजèव कȧ ओर से Shri Pradip Kumar Biswas, Addl. CIT ORDER / आदेश This is an appeal preferred by the assessee against the order dated 21.11.2023 passed by the Ld. Commissioner of Income Tax (Appeals) – Addl/JCIT(A)-1, Coimbatore (hereinafter referred to as the “Ld. CIT(A)”] arising out of the order of assessment order dated 16.12.2019 passed by the AO under Section 143(3) of the Income Taz Act, 1961 [hereinafter referred to as the ‘Act’] for the AY 2017-18. 2. The matter relates to addition of Rs.8,56,500/- made under Section 68 of the Income Tax Act, 1961 (hereinafter referred to ‘the Act’) for Assessment Year 2017-18 on account of unexplained cash deposit during demonetization period. 2 I.T.A. No.23/Kol/2024 Assessment Year: 2017-18 Atanu Kundu 3. At the time of hearing of the instant appeal the Learned counsel appearing for the assessee submitted before us that though the audited books of accounts was submitted before the authorities below the actual cash book was not duly filed and the case made out by the assessee was, therefore, not considered in its proper perspective by the authorities below and addition was made. In that view of the matter, she prayed for liberty to produce the said cash book before the Learned Assessing Officer for consideration of the same while deciding the issue afresh which has not been objected by the Learned DR with all his fairness. 4. We, thus, having regard to the above facts and circumstances of the matter, find it fit and proper to remit the issue to the file of the Learned AO to consider the same afresh taking into consideration the cash book to be filed by the assessee and any other evidence which the assessee may choose to file in support of the case made out. The Learned AO is further directed to grant an opportunity of being heard to the assessee while deciding the issue and to pass a reasoned order in accordance with law.The appeal preferred by the assessee is, thus, allowed for statistical purposes 5. In the result, assesse’s appeal is allowed for statistical purposes. Order is pronounced in the open court on 16th October, 2024 Sd/- Madhumita Roy (मधुͧमता राय) Judicial Member/ÛयाǓयक सदèय Dated: 16th October, 2024 SM, Sr. PS 3 I.T.A. No.23/Kol/2024 Assessment Year: 2017-18 Atanu Kundu Copy of the order forwarded to: 1. Appellant- Atanu Kundu, 35B, Bondel Road, Ballygaunge, Kolkata-700019. 2. Respondent – ITO, Ward-30(1), Kolkata 3. Ld. Ld. CIT(A)-Addl./JCIT(A)-1, Coimbatore 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "