Appeal details
Counselvise Citation
[2019] 116 COUNSELVISE.COM (IT) 4603 (ITAT-KOLKATA)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 3 month(s) 13 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
28-08-2019
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
B
Assessment Year
2013-2014
Appeal Filed On
15-05-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER) I.T.A. NO. 1007/KOL/2018 ASSESSMENT YEAR: 2013-14 M/S. ALPHA NATIONAL TRADING CO................................................. APPELLANT [FORMERLY A.N. TRADING CO.] [PAN : AATFA 1401 A] VS. PR. COMMISSIONER OF INCOME TAX-10, KOLKATA..................................................................... RESPONDENT APPEARANCES BY: NONE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI RADHEY SHYAM, CIT, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : AUGUST 21 ST , 2019 DATE OF PRONOUNCING THE ORDER : AUGUST 28 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE PR. COMMISSIONER OF INCOME TAX-10, KOLKATA, DATED 20.03.2018 PASSED U/S 263 OF THE INCOME TAX ACT, 1961 (THE ACT) FOR ASSESSMENT YEAR 2013-14. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE ISSUE OF NOTICES ON 13.06.2019, 15.07.2019 AND 29.07.2019. THERE IS NO PETITION SEEKING ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES, WE DISPOSED OFF THIS CASE EX-PARTE QUA THE ASSESSEE, AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE (LD. DR). 3. HEARD THE LD. DR. THE PR.CIT-10, KOLKATA AT PARA 4.1 AND 4.2 HELD AS FOLLOWS: 4.1 THE ASSESSEE IN HIS SUBMISSION(S) ARGUED THAT THERE HAS BEEN NO UNDERSTATEMENT OF INCOME AND IT WAS INADVERTENT MISTAKE, IF ANY, IN SHOWING THE AMOUNT RECEIVABLE BY SAID SRI ANGAD SINGH FROM THE FIRM AS PER THE BALANCE SHEET. 4.2 HOWEVER, IT IS ALSO TRUE THAT THE DOCUMENTS SUBMITTED DURING THE INSTANT PROCEEDINGS NEEDS PROPER VERIFICATION. MOREOVER, AS MENTIONED ABOVE, COMPLETE INFORMATION WAS NOT SUBMITTED. AS THE CLAIM OF THE ASSESSEE REMAINS UNVERIFIED/INQUIRED INTO AND THE REQUIRED INQUIRIES/ VERIFICATIONS WAS NOT DONE ON THE ISSUES DISCUSSED ABOVE, I AM OF THE CONSIDERED OPINION THAT THE MATTER NEEDS TO BE 2 I.T.A. NO. 1007/KOL/2018 ASSESSMENT YEAR: 2013-14 M/S. ALPHA NATIONAL TRADING CO RESTORED BACK TO THE A.O. TO VERIFY THE CLAIM/ CONTENTIONS OF THE ASSESSEE. IT IS IMPERATIVE ON THE PART OF THE ASSESSING OFFICER TO EXAMINE EACH AND EVERY TRANSACTION AND FINALLY TO ASSESS CORRECT INCOME OF ASSESSEE AS THE IMPUGNED ASSESSMENT ORDER WAS PASSED WITHOUT NECESSARY VERIFICATION. THE GENUINENESS AND REASONABLENESS OF THE PAYMENTS MADE TO SRI ANGAD SINGH IS REQUIRED TO BE VERIFIED FROM THE ANGLES OF SECTION 37(1) AND SECTION 40(B) R.W. SECTION 40A(2) OF THE ACT. LIKEWISE, IT IS SEEN THAT VARIOUS EXPENSES CLAIMED AS PER THE P & L A/C ALSO REMAINED TO BE VERIFIED BY THE AO. HE IS NOW REQUIRED TO VERIFY THEM AS PER THE PROVISIONS OF SECTION 37(1) AND RELATED SECTIONS OF THE ACT. 4. IT IS CLEAR FROM THE ASSESSMENT ORDER THAT THE ASSESSING OFFICER (AO) HAS FAILED TO APPLY HIS MIND TO THIS ASPECT OF THE CLAIM MADE BY THE ASSESSEE OF PAYMENTS MADE TO SH. ANGAD SINGH. AN ORDER PASSED WITHOUT MAKING INQUIRIES/VERIFICATIONS, WHICH SHOULD HAVE BEEN MADE, MAKES THE ORDER NOT ONLY ERRONEOUS BUT ALSO PREJUDICIAL TO THE INTEREST OF REVENUE. HENCE, WE UPHOLD THE ORDER PASSED BY THE LD. PR.CIT U/S 263 OF THE ACT AND DISMISS THIS APPEAL OF THE ASSESSEE. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED. KOLKATA, THE 28.08.2019. SD/- SD/- [S.S. VISWANETHRA RAVI] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 28.08.2019 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. M/S. ALPHA NATIONAL TRADING CO. (FORMERLY: A.N.TRADING CO.), 28C, SATISH MUKHERJEE ROAD, KOLKATA-700 026. 2. PR. COMMISSIONER OF INCOME TAX-10, AAYAKAR BHAWAN DAKSHIN 2, GARIAHAT ROAD (S), 5 TH FLOOR, KOLKATA-700 068. 3. CIT(A)- , KOLKATA. 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES
