Shri Abhishek Ghosh, Alipurduar V. DCIT/ACIT, Circle - 2(1), Jalpaiguri, Jalpaiguri

CO 47/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9340 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 10-01-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 26-11-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUBASH AGARWAL LD
• Assessee Lawyers: RANU BISWA S CIT LD
• Keywords: Peak credit; Set aside
• Section: 143(3)

Judgement Text

1 I.T.A NO. 224/KOL/2018 A.Y 2014-15 CO NO. 47/KOL/19 SHRI ABHISHEK GHOSH IN THE INCOME TAX APPELLATE TRIBUNAL A BEN CH: KOLKATA [BEFORE SHRI P.M. JAGTAP, V.P AND SHRI A. T. V ARKEY, JM I.TA NO. 224//KOL/2018 A.Y 2014-15 D.C.I.T/A.C.I.T., CIRCLE-2(1), JALPAIGURI VS. SHRI ABHISHEK GHOSH PAN: AHAPG2508A APPELLANT RESPONDENT C.O NO. 47//KOL/2019 A.Y 2014-15 SHRI ABHISHEK GHOSH PAN: AHAPG2508A VS. D.C.I.T/A.C.I.T., CIRCLE-2(1), JALPAIGURI APPELLANT RESPONDENT DATE OF HEARING 28.11.2019 DATE OF PRONOUNCEMENT 10.01.2020 FOR THE APPELLANT SMT. RANU BISWAS, ADDL.CIT, LD. D R FOR THE RESPONDENT SHRI SUBASH AGARWAL, ADVOCATE, L D.AR ORDER PER SHRI A.T. VARKEY, JM THIS APPEAL AND CROSS OBJECTION ARE PREFER RED BY THE REVENUE AND THE ASSESSEE RESPECTIVELY AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME-TAX(APPEALS), JALPAIGURI [ IN SHORT, HEREINAFTER LD. CIT(A)] D ATED 05-12-2017 FOR THE ASSESSMENT YEAR 2014-15. ITA NO. 224/KOL/2018 A.Y 2014-15 ( APPEAL PREFERRE D BY THE REVENUE) 2. GROUNDS OF APPEAL RAISED BY THE REVENUE ARE AS UNDER:- 1. THAT THE LD. CIT(APPEALS), JALPAIGURI HAS FAILED TO APPRECIATE CIRCUMSTANCES UNDER WHICH THE ADDITIONS WERE MADE ON THE TOTAL RE CEIPTS @ 8% TO ARRIVE AT THE PROFIT ON 02 (TWO) UNDISCLOSED BANK ACCOUNTS, WHICH COMES TO RS.26,14,182/-. 2. THE LD. CIT(APPEALS), JALPAIGURI HAS FAILED TO A PPRECIATE THE ADDITIONS MADE BY THE AO TO THE TUNE OF RS. 1,75,63,078/-, BASED ON T HE PEAK CREDIT THEORY ON 02 UNDISCLOSED BANK ACCOUNTS, FOR FAILING TO DISCLOSE THE BANK ACCOUNTS IN THE ITR. 3. THE LD. CIT(A), JALPAIGURI HAS COMPLETELY IGNORE D THE ADDITION ON GROUND OF UNCORROBORATED PAYMENTS TO THE TUNE OF RS. 3,00,000 /- AND DID NOT MAKE ANY MENTION OF THE SAME IN THE APPELLATE ORDER WHILE GI VING RELIEF TO THE ASSESSEE. 2 I.T.A NO. 224/KOL/2018 A.Y 2014-15 CO NO. 47/KOL/19 SHRI ABHISHEK GHOSH 4. THE LD. CIT(A), JALPAIGURI HAS GONE BEYOND THE A SSESSMENT ORDER PASSED U/S 143(3) OF THE I.T. ACT, 1961 AND DELETED THE ENTIR E ADDITIONS MADE BY THE AO AND CAME UP WITH NEW ADDITION OF RS. 45,00,000/- BEING THE CLOSING BALANCE OF THE UNDISCLOSED BANK ACCOUNTS. 5. THAT THEREFORE, THE LD. CIT(APPEALS), JALPAIGURI HAS ERRED IN LAW AS WELL AS FACTS OF THE CASE IN DIRECTING TO REDUCE THE ADDITION AT RS. 1,59,76,900/- MADE BY THE ASSESSING OFFICER. 6. THAT THE APPELLANT CRAVES LEAVE TO ADD, AMEND OR ALTER THE GROUNDS OF APPEAL, IF ANY. C.O NO. 47/KOL/2019 ( ARISING OUT OF ITA NO. 224/KO L/2018 A.Y 2014-15 ( PREFERRED BY THE ASSESSEE) 3. GROUNDS OF APPEAL RAISED BY THE ASSESSEE ARE AS UNDER:- 1. FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN GIVING DIRECTION TO THE AO TO ADD BACK THE CLOSING BALANCE OF RS.35,00,000/- IN CENTRAL BANK OF INDIA AND RS. 10,00,000/- IN UTTAR BANGA GRAMIN KSHETRIYA BANK. 4. AT THE OUTSET ITSELF, THE LD. COUNSEL FOR THE A SSESSEE POINTED OUT THAT GROUND NO. 3 RAISED BY THE REVENUE IS WITHOUT EVEN TAKING INTO CONSIDERATION THE FACT THAT THE ASSESSEE HAD NOT CHALLENGED THE AOS ACTION IN RESP ECT OF THE ADDITION MADE OF RS. 3 LAKHS BEFORE THE LD. CIT(A) AND WONDERED AS TO HOW THE REVENUE HAS FILED THIS APPEAL ON THIS ISSUE, WHEN THE LD. CIT(A) HAS NOT GIVEN AN Y RELIEF OF RS. 3 LAKHS TO ASSESSEE. 5. PER CONTRA, LD. DR COULD NOT CONTROVERT THIS CON TENTION OF THE LD. COUNSEL FOR THE ASSESSEE AND WE NOTE THAT THE ASSESSEE HAS NOT ASSAILED THE ACTION OF AO MAKING ADDITION OF RS. 3 LAKHS (GR. NO.3) BEFORE THE LD. C IT(A) AND SO THE QUESTION OF LD. CIT(A) GIVING RELIEF TO ASSESSEE DOES NOT ARISE AN D THEREFORE THE GR. NO. 3 OF THE REVENUE HAS BEEN RAISED WITHOUT APPLICATION OF MIND AND THEREFORE DESERVES TO BE DISMISSED AND WE DO SO. 6. GROUND NOS. 1, 2, 4 & 5 OF REVENUE APPEAL AND TH E C.O OF ASSESSEE RELATES TO ADDITION MADE BY AO ON DISCOVERY OF UNDISCLOSED BAN K ACCOUNTS OF ASSESSEE ON WHICH PARTIAL RELIEF HAS BEEN GIVEN BY THE LD CIT(A). FAC TS OF THE CASE AS NOTED BY THE AO IS THAT HE (AO) ASKED THE ASSESSEE TO FURNISH A RECON CILIATION STATEMENT TO EXPLAIN THE DIFFERENCE IN RECEIPTS U/S. 194C/194J OF THE INCOME -TAX ACT, 1961 (HEREINAFTER THE ACT) AS PER 26AS DETAILS AND AS SHOWN IN THE ASSE SSEES RETURN OF INCOME FILED FOR 3 I.T.A NO. 224/KOL/2018 A.Y 2014-15 CO NO. 47/KOL/19 SHRI ABHISHEK GHOSH THE A.Y 2014-15. THE AO NOTES THAT THE ASSESSEE HAD ONLY DISCLOSED HIS TWO BANK ACCOUNTS NAMELY MAINTAINED BY THE ASSESSEE AT STATE BANK OF INDIA (SBI), ALIPURDUAR, WHICH IS A SAVING BANK ACCOUNT AND CENTRAL BANK OF INDIA (CBI), ALIPURDUAR, WHICH IS A CURRENT ACCOUNT. HOWEVER, THE ASSESSEE DID NOT DISCLOSE HIS ANOTHER TWO SAVING BANK ACCOUNTS MAINTAINED BY HIM WITH I.E. NAMELY, UTTAR BANGA GRAMIN KSHETRIYA BANK, ALIPURDUAR ( UBK GRAMIN BANK) AND CENTRAL BA NK OF INDIA (C.B.I), ALIPURDUAR. THE AO NOTED THAT THE ASSESSEE HAD IN THE UN-DISC LOSED BANK ACCOUNTS CREDITS THROUGH CASH, CHEQUE, ONLINE TRANSFER DURIN G THE ASSESSMENT YEAR OF RS. 1,32,15,142/- IN UTTAR BANGA GRAMIN KSHETRIYA BANK (UBK GRAMIN BANK), ALIPURDUAR BRANCH AND RS. 1,96,82,771/- IN CENTRAL BANK OF IND IA (CBI), ALIPURDUAR BRANCH. WHEN CONFRONTED BY THE AO ABOUT THESE TWO BANK ACCO UNTS (SAVINGS BANK ACCOUNT), ACCORDING TO AO, THE ASSESSEE FAILED TO PROVE BY C REDIBLE JUSTIFICATION THE TRANSACTIONS CARRIED OUT IN THESE TWO UNDISCLOSED SAVING BANK AC COUNTS DURING THE ASSESSMENT YEAR UNDER CONSIDERATION. THEREFORE, THE AO FIRSTLY TREA TED 8% OF THE TOTAL CREDITS OF RS. 1,31,07,982/-, WHICH COMES TO RS. 10,48,639/- AS UN DISCLOSED INCOME FROM UTTAR BANGA GRAMIN KSHETRIYA BANK, ALIPURDUAR ;AND SECON DLY AFTER TAKING NOTE THAT THE ASSESSEE HAS EARNED INTEREST INCOME OF RS. 1,07,16 0/- MADE ANOTHER ADDITION. THIRDLY THE AO ADDED PEAK CREDITS OF THE ASSESSEE IN THE SAVING BANK ACCOUNT OF RS. 81,99,638/- AND RS. 93,63,395/- IN RESPECT OF UTTAR BANGA GRAMIN KSHETRIYA BANK, ALIPURDUAR BRANCH AND CENTRAL BANK OF INDIA, ALIPUR DUAR BRANCH. LIKEWISE, (FOURTHLY) HE MADE AN ADDITION OF 8% OF THE TOTAL CREDITS OF RS. 1,95,69,289/-, WHICH COMES TO RS. 15,65,543/- AS UNDISCLOSED INCOME. FIF THLY, THE AO ADDED INTEREST AMOUNT OF RS. 1,13,842/- I. E (RS. 19,225 + RS. 94, 25) WAS ALSO ADDED. AGGRIEVED, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A), WHO WAS PLEASED TO GIVE PARTIAL RELIEF TO THE ASSESSEE BY RESTRICTING THE ADDITIONS TO RS. 47.21 LAKHS (RS. 35 LAKHS WITH CBI AND RS. 10 LAKHS WITH UBK GRAMIN BANK AND INTER EST OF RS. 2.21 LAKHS) IN PLACE A.OS ADDITION OF RS. 2,03,97,902/-. AGGRIEVED, BY THE AFORESAID ACTION OF LD. CIT(A), THE REVENUE IS IN APPEAL AS WELL AS THE ASSESSEE IS IN CROSS OBJECTION IS BEFORE US AND HAS RAISED THE RESPECTIVE GROUNDS (SUPRA). 7. THE LD. AR SUBMITTED THAT THE DEPOSITS MADE IN T HESE TWO UNDISCLOSED BANK ACCOUNTS (UBK GRAMIN BANK & C.B.I ALIPURDUAR) WERE MADE OUT OF CASH WITHDRAWALS 4 I.T.A NO. 224/KOL/2018 A.Y 2014-15 CO NO. 47/KOL/19 SHRI ABHISHEK GHOSH FROM HIS DISCLOSED CURRENT BANK ACCOUNT TO THE SAVI NG BANK ACCOUNTS OF HIS UNDISCLOSED TWO BANK ACCOUNTS OF CBI & UBI GRAMIN BANK FOR THE PURPOSE OF EARNING INTEREST AND ALSO TO SHOW NET WORTH FOR THE PURPOSE OF AVA ILING HIGHER CREDIT/LOAN. EXPLAINING FURTHER, THE LD. AR SUBMITTED THAT THE MAIN PURPOS E FOR MAKING SUCH TRANSFER FROM CURRENT ACCOUNT WITH THE CENTRAL BANK OF INDIA (C.B .I) TO SAVING UNDISCLOSED BANK ACCOUNT IN THE SAME BRANCH WAS NOTHING, BUT FOR T HE REASON THAT SINCE MONEY IN THE CURRENT ACCOUNT DOES NOT YIELD ANY INTEREST INCOM E, SO DEPOSITS OF MONEY WAS TRANSFERRED TO SAVING BANK ACCOUNT (UNDISCLOSED ) SO THAT INTEREST COULD BE EARNED EVEN FOR A VERY SHORT TERM FIXED DEPOSITS. THUS, AC CORDING TO LD.AR, THE ASSESSEE TRANSFERRED HIS OWN MONEY IN HIS DISCLOSED ACCOUNT IN SBI & CBI ACCOUNT TO THE UNDISCLOSED BANK ACCOUNT AND IN THAT PROCESS THE AS SESSEE HAS EARNED BANK INTEREST OF RS. 2,21,000/- FROM THE UNDISCLOSED SAVING BANK ACC OUNTS. IT WAS FURTHER POINTED OUT THAT THERE WAS NO TRANSFER FROM DISCLOSED SAVING BA NK ACCOUNT TO ANOTHER (UNDISCLOSED) SAVING BANK ACCOUNT, BUT ALL THE DEPOSITS WERE MAD E TO UNDISCLOSED TWO SAVING BANK ACCOUNT CAME FROM THE CURRENT ACCOUNT MAINTAINED WI TH C.B.I ONLY OR THROUGH ENCASHMENT OR VERY SHORT TERM DEPOSITS. TAKING THES E FACTS INTO ACCOUNT, THE LD. CIT(A) HAS GIVEN PARTIAL RELIEF TO THE ASSESSEE BY RESTRIC TING THE ADDITION TO RS. 47.21 LAKHS ( I.E. CLOSING BALANCE OF RS. 35 LAKHS FROM CBI & RS. 10 LAKHS FROM U.B.K GRAMIN BANK & RS. 2,21,000/- INTEREST EARNED) WHICH ACTION OF THE LD. CIT(A) HAS BEEN CHALLENGED BY THE REVENUE BY PREFERRING THIS APPEAL AND ACCORDING TO LD.AR, THE LD. CIT(A) HAS RIGHTLY GIVEN TO RELIEF FINDING MERIT IN THE CONTENTION OF THE ASSESSEE AND HE DOES NOT WANT US TO INTERFERE. ACCORDING TO LD. AR, HE HAS PREFERRED CROSS OBJECTION, WHEREIN HE CHALLENGED THAT PORTION OF TH E IMPUGNED ORDER WHEREIN THE LD. CIT(A) HAS CONFIRMED THE ADDITION TO THE TUNE OF RS . 45 LAKHS ( NOT THE ADDITION CONFIRMED ON THE INTEREST EARNED OF RS.2,21,000/-). ACCORDING TO THE LD.AR, THE AO HAS MADE THE ADDITION(S) DUE TO FAILURE ON THE PAR T OF THE ASSESSEE TO JUSTIFY THE TRANSACTIONS, WHICH HAPPENED IN THE TWO UNDISCLOSED BANK ACCOUNTS AND THE LD. CIT(A) THOUGH APPRECIATED THE FACT THAT THE ASSESSE E HAD ONLY TRANSFERRED THE AMOUNTS IN HIS DISCLOSED BANK ACCOUNT I.E CURRENT ACCOUNT T O THE UNDISCLOSED SAVING BANK ACCOUNT TO EARN THE INTEREST INCOME, HOWEVER, HAS ERRONEOUSLY ADDED THE BALANCE AMOUNT FOUND ON 31.3.2014 IN BOTH THE UNDISCLOSED B ANK ACCOUNTS WHICH NEEDS DETAILED VERIFICATION TO SHOW THAT THE BALANCE IN T HESE ACCOUNTS ARE INFACT SOURCED FROM 5 I.T.A NO. 224/KOL/2018 A.Y 2014-15 CO NO. 47/KOL/19 SHRI ABHISHEK GHOSH THE DISCLOSED BANK ACCOUNT OF THE ASSESSEE, SO NO A DDITION COULD HAVE BEEN SUSTAINED. SO HE PRAYS THAT THE CONFIRMED ADDITION/ISSUE MAY B E REMANDED BACK TO AO FOR VERIFICATION AND FOR DENOVO ADJUDICATION. PER CONT RA, THE LD DR, VEHEMENTLY SUPPORTS THE ACTION OF LD CIT(A) CONFIRMING ADDITION OF RS 4 7.21 LAKHS AND DOES NOT WANT US TO INTERFERE. THE LD DR VEHEMENTLY ASSAILING THE ACTIO N OF LD CIT(A) GIVING RELIEF TO THE ASSESSEE, WANT US TO INTERFERE AND REVERSE THE ORDE R. 8. WE NOTE THAT THE AO HAS MADE ADDITIONS DUE TO FA ILURE OF ASSESSEE TO JUSTIFY THE TRANSACTION, WHICH HAPPENED IN TWO UNDISCLOSE D BANK ACCOUNTS OF THE ASSESSEE. SINCE THE MAIN CONTENTION OF THE ASSESSEE IS THAT THESE BANK ACCOUNTS ( UNDISCLOSED) ARE NOTHING BUT BANK ACCOUNTS MAINTAINED BY THE AS SESSEE FOR THE PURPOSE OF EARNING INTEREST AND FOR THE PURPOSE OF SHOWING HIGH NET WO RTH FOR AVAILING HIGHER CREDIT/LOAN, WHICH FACT HAS BEEN FOUND TO BE TRUE BY THE LD. CIT (A), WHO HAS EVEN PLACED IN HIS IMPUGNED ORDER, THE RECONCILIATION CHART OF ALL TH E 2 DISCLOSED BANK ACCOUNTS TRANSACTION AND THE OTHER 2 UNDISCLOSED BANK ACCOU NTS OF ALL THE BANK ACCOUNT IN A CHART FORM TO DEMONSTRATE THE CASH TRAIL FROM ASSE SSEES DISCLOSED BANK ACCOUNT TO THE UNDISCLOSED SAVINGS BANK ACCOUNTS OF THE ASSESSEE, WHICH CHART IS SEEN PLACED BY THE LD. CIT(A) FROM PAGE-7 TO 10 OF HIS IMPUGNED ORDER; AND HIS FINDING OF FACT THAT THE EXPLANATION OF ASSESSEE THAT MONEY IS TRANSFERRED FROM HIS DISCLOSED BANK ACCOUNT TO THE S.B ACCOUNT OF UNDISCLOSED BANK ACCOUNT WAS ONL Y FOR EARNING INTEREST IS TRUE, WHICH FINDING OF FACT OF LD CIT(A) HAS NOT BEEN CHA LLENGED BY REVENUE AS A SPECIFIC GROUND BEFORE US, AND SO THE RESULT IS THAT THIS FI NDING OF LD. CIT(A) THAT ASSESSEES DISCLOSED MONEY WAS BEING TRANSFERRED TO UNDISCLOSE D BANK ACCOUNT WHICH FACT THE ASSESSEE IS ABLE TO CONVINCE/SATISFY THE LD. CIT(A) AND WHICH FACTUAL FINDING BEFORE US HAS CRYSTALIZED AND CANNOT BE DISTURBED. THUS THE LD CIT(A) HAS THE FOUND THAT THE AMOUNT IN THE UNDISCLOSED BANK ACCOUNT THE ASSESSEE HAS BEEN ABLE TO ESTABLISH ONE TO ONE TRAIL AND THEREFORE THE AMOUNT WHICH HAS BEEN T RANSFERRED FROM HIS DISCLOSED BANK ACCOUNT TO THE UN-DISCLOSED BANK ACCOUNT CANNOT BE TERMED AS INCOME OF THE ASSESSEE AND THE LD. CIT(A) HAS CORRECTLY DELETED THE ADDITI ONS AND HAS GIVEN PARTIAL RELIEF TO THE ASSESSEE. AND MOREOVER, SINCE THE REVENUE FAILED T O CHALLENGE THE LD. CIT(A)S FINDING THAT ASSESSEES TRANSACTION OF MONEY IN HIS UNDISCL OSED BANK ACCOUNT DOES NOT EMANATE FROM ANY OTHER BUSINESS ACTIVITY OTHER THAN THE CONTRACTOR ACTIVITY BY WHICH THE ASSESSEES CONTRACT RECEIPTS WERE TRANSFERRED FROM HIS DISCLOSED BANK ACCOUNT 6 I.T.A NO. 224/KOL/2018 A.Y 2014-15 CO NO. 47/KOL/19 SHRI ABHISHEK GHOSH (CURRENT) TO THE UNDISCLOSED BANK ACCOUNT, THE SAM E MONEY IS UNDER CIRCULATING AND SO, SEPARATE G.P ADDITION FROM THE UNDISCLOSED BANK ACC OUNT ADDED BY AO WAS RIGHTLY DELETED AND THIS FINDING FACT OF LD. CIT(A) THAT T HE MONEY FOUND IN THE UNDISCLOSED BANK ACCOUNTS ARE NOT FROM ANY OTHER BUSINESS ACTI VITY OF THE ASSESSEE HAS ALSO CRYSTALIZED AND SO THE LD. CIT(A) RIGHTLY DELETED T HE G.P ADDITION. IN THE AFORESAID BACKDROP THE PEAK CREDIT THEORY INVOKED BY THE AO IS ERRONEOUS, SINCE THE MONEY IN THE UNDISCLOSED BANK ACCOUNTS OF ASSESSEE ARE FROM HIS OWN DISCLOSED BANK ACCOUNT AS FOUND AS A FINDING OF FACT BY THE LD. CIT(A) SINCE NOT CHALLENGED BY THE REVENUE HAS ALSO CRYSTALIZED, SO THE LD. CIT(A) RIGHTLY DELETE D THE ADDITION MADE BY AO ON THIS SCORE ALSO AND SO THE REVENUES APPEAL LACKS MERIT S AND DESERVES TO BE REJECTED, SO WE DISMISS THE REVENUES APPEAL FOR THE REASONS STA TED ABOVE. 9. COMING TO ASSESSEES CROSS OBJECTION, WE NOTE T HAT THE LD. CIT(A) EVEN THOUGH FOUND THAT THE MONEY IN THE UNDISCLOSED BANK ACCOUNTS ARE SOURCED FROM THE DISCLOSED BANK ACCOUNTS AND THOUGH HAS RECORDED A F INDING THAT ASSESSEE WAS NOT INTO ANY OTHER BUSINESS OTHER THAN HIS CONTRACTUAL WORK, HE CONFIRMED THE BALANCE AMOUNT FOUND IN THE TWO UNDISCLOSED BANK ACCOUNTS AS ON 31 .3.2014, WHICH ACTION OF LD. CIT(A) NEEDS DETAILED VERIFICATION AND FOR THAT WE SET ASIDE THE IMPUGNED ORDER OF THE LD. CIT(A) AND REMAND THE SAME BACK TO THE FILE OF THE AO FOR EXAMINATION /VERIFICATION AS TO WHETHER THE SOURCE OF BALANCE AMOUNT FOUND IN THE TWO UN-DISCLOSED BANK ACCOUNT AS ON 31.3.2014 ARE FROM THE DISCLOSE D BANK ACCOUNT OF THE ASSESSEE. IF THE ASSESSEE IS ABLE TO PROVE SO, THEN NO ADDITION TO BE MADE OR ELSE TO MAKE ADDITION IN ACCORDANCE TO LAW AFTER AFFORDING REASONABLE OPPORT UNITY OF BEING HEARD TO THE ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO APPEAR B EFORE THE A.O AND TO PARTICIPATE IN THE PROCEEDING DILIGENTLY. 10. IN THE RESULT, THE APPEAL OF REVENUE IS DISMI SSED AND CO OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10TH JANUARY, 2020 SD/- SD/- P.M. JAGTAP A.T. VARKEY VICE-PRESIDENT (KZ) JUDICIAL MEMBE R D ATED 10 -01-2020 7 I.T.A NO. 224/KOL/2018 A.Y 2014-15 CO NO. 47/KOL/19 SHRI ABHISHEK GHOSH **PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT/REVENUE : THE DCIT/ACIT, C.R BUILDING, 2 ND FL., NAYABASTI, JALPAIGURI, W.B. 735101. 2 RESPONDENT/REVENUE: SHRI ABHISHEK GHOSH, NEW TOWN, ALIPURDUAR, W.B-736121. 3. CIT, 4. CIT(A), KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE COPY BY BY ORDER ASSISTANT REGISTRAR ITAT KOLKATA