Smt. Irani Mitra , Kolkata V. I.T.O.,Ward-37(3), Kolkata

ITA 1001/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 8752 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 19-11-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 02-05-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Set aside
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (SMC), KOLKATA [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT (KZ)] I.T.A. NO. 1001/KOL/2019 ASSESSMENT YEAR: 2014-15 SMT. IRANI MITRA....................................................................................APPELLANT 5/8, FLAT 3B, PANKAJINI CHATTERJEE ROAD, KOLKATA 700 033. [PAN: AKGPM 1297 D] VS ITO, WARD 37(3), KOLKATA................................RESPONDENT 3, GOVERNMENT PLACE (WEST), KOLKATA 700 001. APPEARANCES BY: SHRI DEVESH PODDAR, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI JAYANTA KHANRA, JCIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 19, 2019 DATE OF PRONOUNCING THE ORDER : NOVEMBER 19, 2019 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A) 11, KOLKATA DATED 12.10.2018 PASSED EX-PARTE WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INDIVIDUAL WHO IS CARRYING ON THE BUSINESS OF INSURANCE COMMISSION AGENT. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY HER ON 16.07.2014 DECLARING TOTAL INCOME OF RS. 58,070/-. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, IT WAS NOTICED BY THE AO THAT DEPOSITS WERE MADE BY THE ASSESSEE IN HER BANK ACCOUNT AGGREGATING TO RS. 8,60,000/- ON VARIOUS DATES. HE, THEREFORE, REQUIRED THE ASSESSEE TO EXPLAIN THE SOURCE OF THE SAID DEPOSITS AND SINCE THE ASSESSEE FAILED TO OFFER ANY EXPLANATION, ADDITION OF RS. 8,60,000/- WAS MADE BY THE AO TO THE TOTAL INCOME OF THE ASSESSEE ON ACCOUNT OF UNEXPLAINED DEPOSITS MADE IN THE BANK ACCOUNT IN THE ASSESSMENT COMPLETED U/S 143(3) VIDE AN ORDER DATED 15.12.2016. 2 I.T.A. NO. 1001/KOL/2019 ASSESSMENT YEAR: 2014-15 SMT. IRANI MITRA 3. AGAINST THE ORDER PASSED BY THE AO U/S 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(A) AND SINCE THERE WAS NO SATISFACTORY COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE VIDE HIS APPELLATE ORDER DATED 12.10.2018 PASSED EX-PARTE. AGGRIEVED BY THE ORDER OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. ALTHOUGH THE LEARNED COUNSEL FOR THE ASSESSEE HAS MADE AN ATTEMPT TO EXPLAIN THE NON- COMPLIANCE ON THE PART OF THE ASSESSEE DURING THE COURSE OF ASSESSMENT PROCEEDINGS BEFORE THE AO AS WELL AS DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE THE LD. CIT(A), I FIND THAT THE EXPLANATION OFFERED BY HIM IS NOT VERY SATISFACTORY. AT THE SAME TIME, I FIND THAT THE CASE SOUGHT TO BE MADE OUT BY HIM ON MERIT BY SUBMITTING THAT SOME OF THE DEPOSITS ADDED TO THE TOTAL INCOME OF THE ASSESSEE U/S 68 WERE MADE IN THE EARLIER YEAR AND NOT IN THE YEAR UNDER CONSIDERATION REQUIRES VERIFICATION BY THE AO. I THEREFORE, CONSIDER IT FAIR AND PROPER AND IN THE INTEREST OF JUSTICE TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD SUBJECT TO PAYMENT OF COST OF RS. 5,000/-. THE ASSESSEE IS ACCORDINGLY DIRECTED TO PAY THE SAID COST OF RS. 5,000/- TO THE DEPARTMENT BY 31.12.2019. SUBJECT TO THE SAID PAYMENT, THE IMPUGNED ORDER OF THE LD. CIT(A) PASSED EX- PARTE IS SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF THE AO FOR MAKING THE ASSESSMENT AFRESH ON MERIT AFTER GIVING ONE MORE 3 I.T.A. NO. 1001/KOL/2019 ASSESSMENT YEAR: 2014-15 SMT. IRANI MITRA OPPORTUNITY TO THE ASSESSEE TO EXPLAIN THE DEPOSITS IN QUESTION FOUND TO BE MADE IN HER BANK ACCOUNT. AS UNDERTAKEN BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE ASSESSEE SHALL MAKE DUE COMPLIANCE BEFORE THE AO AND SHALL EXTEND ALL THE COOPERATION IN ORDER TO ENABLE THE AO TO COMPLETE THE ASSESSMENT EXPEDITIOUSLY. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH NOVEMBER, 2019. SD/- (P.M. JAGTAP) VICE PRESIDENT DATED: 19/11/2019 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. SMT. IRANI MITRA, 5/8, FLAT 3B, PANKAJINI CHATTERJEE, KOLKATA 700 033. 2. ITO, WARD 37(3), KOLKATA. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR / H.O.O. ITAT, KOLKATA