Appeal details
Counselvise Citation
[2013] 122 COUNSELVISE.COM (IT) 8782 (ITAT-KOLKATA)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 1 month(s) 15 day(s)
Appellant
Respondent
Appeal Type
Cross Objection
Pronouncement Date
16-07-2013
Appeal Filed By
Assessee
Bench Allotted
A
Assessment Year
2006-2007
Appeal Filed On
01-06-2012
Judgement Text
, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH A , KOLKATA [ () . .. . . .. . , ,, , , !' ##$ %& ##$ %& ##$ %& ##$ %&, ,, , ] ]] ] [BEFORE HONBLE SRI K.K.GUPTA, AM & HONBLE SRI GEORGE MATHAN, JM] '( '( '( '( /ITA NO.584/KOL/2012 )&* !+,/ ASSESSMENT YEAR :2006-07 (%. / APPELLANT ) - !& - ( 01%. /RESPONDENT) I.T.O., WARD-11(4), . M/S.ROYAL SECURI TIES GUARDING KOLKATA -VERSUS- PVT. LTD., KOLKATA (PAN:AACCR 4100 R) C.O.NO.52/KOL/2012 '( '( '( '( /ITA NO.584/KOL/2012 )&* !+,/ ASSESSMENT YEAR :2006-07 (%. / CROSS OBJECTOR ) - !& - ( 01%. /RESPONDENT) M/S.ROYAL SECURITIES GUARDING I.T.O., WARD-11(4 ), PVT.LTD., KOLKATA -VERSUS- KOLKATA (PAN:AACCR 4100 R) %. 2 3 / FOR THE DEPARTMENT SHRI DILIP KUMAR RAKSHIT, JCIT, SR.DR 01%. 2 3 / FOR THE ASSESSEE: SHRI S.K.SARKAR &!4 2 5 /DATE OF HEARING : 16.07.2013 6+ 2 5 /DATE OF PRONOUNCEMENT : 16.07.2013. 7 / ORDER PER SHRI K.K.GUPTA, AM THE REVENUE IS IN APPEAL RAISING THE SOLITARY ISSUE THAT WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD. CIT(A) WAS JUSTIF IED IN DIRECTING THE AO TO TAX THE GROSS RECEIPT INCLUDING THE DISCLOSED AND UNDISCLOS ED RECEIPT AT THE NET RATE OF 10%. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE RESPONDENT SUBMITTED THAT THE ISSUE STANDS COVERED BY THE DECISION OF THE TRIBUNA L IN ASSESSEES OWN CASE FOR A.YR. 2004-05 WHEN IDENTICAL ISSUE WAS IN APPEAL BEFORE T HE TRIBUNAL BY THE REVENUE. THEREIN ON THE FACTS AND CIRCUMSTANCES, THE TRIBUNA L HAD DIRECTED TO ACCEPT THE ITA.NO.584/KOL/2012 AND C.O.NO.52/KO L/2012 ITO-WD.1 1(4).KOL VS M/S.ROYAL SECURITIES GUARDING PVT.LTD. A.YR.: 2006-07.. 2 TAXATION OF 10% OF THE UNDISCLOSED AND DISCLOSED RE CEIPTS WHICH WAS DEALT WITH BY THE LD. CIT(A) ON THE ASSESSEES APPEAL. THE INCUMBENT LD. CIT(A) THEREFORE RESTRICTED THE ADDITION IN THE HAND OF THE ASSESSEE TO 10% OF SUCH RECEIPTS AGAINST WHICH THE REVENUE IS NOW IN APPEAL BEFORE THE TRIBUNAL. THE L D. COUNSEL FOR THE ASSESSEE HOWEVER SUBMITTED THAT A CROSS OBJECTION HAS BEEN P REFERRED BY THE ASSESSEE RESPONDENT BECAUSE THE ISSUE WITH RESPECT TO GENERA TION OF GROSS PROFIT COULD NOT LEAD TO TAXATION OF THE NET PROFIT ALONE AT SUCH A HIGH FIGURE HAD NOT BEEN CONSIDERED BY THE LD. CIT(A) WHICH HAS BEEN POINTED OUT IN THE CROSS OBJECTION.. 3. THE LD. DR, IN VIEW OF THE TRIBUNALS FINDING AS RELIED ON BY THE LD. CIT(A), SUPPORTED THE ORDER OF THE LD.AO FOR HIS PART OF SU BMISSIONS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULL Y PERUSED THE MATERIAL AVAILABLE ON RECORD. ON OUR CAREFUL CONSIDERATION O F THE FACTS AND CIRCUMSTANCES OF THE CASE WE ARE INCLINED TO HOLD THAT THE ISSUE STANDS COVERED BY THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR A.YR. 2004-05 I N ITA NO.1519/KOL/2010 ALONG WITH THE C.O.NO.143/KOL/2010. IN THE DETAILED ORDER , THE FACTS AND CIRCUMSTANCES LEADING TO THE ASSESSMENT AT 10% HAS BEEN RENDERED AND CONFIRMED WHICH THE LD. CIT(A) HAS CONSIDERED IN THE IMPUGNED ORDER AS WAS UPHELD BY THE TRIBUNAL. IN THE IMPUGNED ASSESSMENT YEAR SAME FACTS HAD BEEN CONSID ERED BY THE AO WERE CONSIDERED BY THE LD. CIT(A) AND RELYING ON THE ORDER OF THE T RIBUNAL IN ASSESSEES OWN CASE FOR A.YR. 2004-05, RENDERED THE DECISION. THE CROSS OBJ ECTION PREFERRED BY THE ASSESSEE RESPONDENT FOR A.YR. 2004-05 WAS SIMILARLY DISMISSE D IN SO FAR AS FOR THE REASONS DELIBERATED FOR UPHOLDING THE TAXATION AT 10% HAD B EEN CONSIDERED IN ITS ENTIRETY. THE LD. CIT(A) DECLINED TO ADHERE TO THE SUBMISSIONS OF THE ASSESSEE APPELLANT BEFORE IT AS THE FACTS AND CIRCUMSTANCES COULD ONLY LEAD TO THE FINDING THAT SUCH INCOME WAS TO BE TAXED AT 10%. IN THIS VIEW OF THE MATTER WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LD. CIT(A) WHICH IS UPHELD RESULTING IN DISMISS AL OF THE APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE RESPONDENT. ITA.NO.584/KOL/2012 AND C.O.NO.52/KO L/2012 ITO-WD.1 1(4).KOL VS M/S.ROYAL SECURITIES GUARDING PVT.LTD. A.YR.: 2006-07.. 3 5. IN THE RESULT THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON `16.07.2013. SD/- SD/- [ .##$ %& , ] [ .., ,, , ] [GEORGE MATHAN ] [K.K.GUPTA] JUDICIAL MEMBER ACCOUNTANT MEMBER ( (( (5 5 5 5) )) ) DATE: 16.07.2013. R.G.(.P.S.) 7 2 0))8 98+:- COPY OF THE ORDER FORWARDED TO: 1. M/S.ROYAL SECURITIES GUARDING PVT. LTD., 83/A, NAYA PATTI ROAD, MAHATI AAPARTMENT, GROUND FLOOR, KOLKATA-700055. 2 I.T.O., WARD-11(4), KOLKATA 3 . CIT.KOLKATA- KOLKATA 4. CIT(A)-XXX, KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 18 0)/ TRUE COPY, 7&/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES
