M/s. Pateswari Traders, Burdwan V. CIT, Durgapur, Durgapur

ITA 1066/KOL/2011

• Counselvise Citation: 106623514 RSA 2011
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 04-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D R SINDHAL
• Assessee Lawyers: S C BAID
• Section: 263; 69C

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA ( ) . . . . , . . , !' !' !' !' , ) [BEFORE SHRI N. VIJAYA KUMARAN, J.M. AND SRI C.D. RAO, A.M. ] # # # # / I.T.A NO. 1066/KOL/2011 ASSESSMENT YEAR : 2008-2009 SHRI BHANU MONDAL, -VS.- COMMISSIONER OF INCO ME TAX, DURGAPUR PROP. OF M/S. PATESWARI TRADERS, BURDWAN (PAN : AKKPM 7755 J) ( $% /APPELLANT ) ( &'$% / RESPONDENT ) FOR THE APPELLANT : SHRI S.C. BAID, A.R . FOR THE RESPONDENT : SHRI D.R. SIND HAL, D.R. ( ) ' ( ) ' ( ) ' ( ) ' /DATE OF HEARING : 15.11.2011 *+ ) *+ ) *+ ) *+ ) ' ' ' ' /DATE OF PRONOUNCEMENT : 25.11.2011 !, / ORDER PER SHRI C.D. RAO, ACCOUNTANT MEMBER/ . . ) , !' !' !' !' :- THE ASSESSEE HAS FILED THIS APPEAL AGAINST THE ORDE R OF LD. COMMISSIONER OF INCOME TAX, DURGAPUR DATED 06.07.2011 PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING, LD. COUNSEL APPEARING ON BEHALF OF THE ASSESSEE WHILE POINTING OUT THE FACTS NARRATED BY LD. CIT(ADMINISTRATION) A T PAGE 2 CONTENDED THAT THE SAME ISSUE HAS CONSIDERED BY ASSESSING OFFICER WHILE PASSING SCRUT INY ASSESSMENT UNDER SECTION 143 AND ON CONSIDERING VARIOUS SUBMISSIONS FINALLY CONCLUDED T HAT THE ADDITION REQUIRED ON ACCOUNT OF UNACCOUNTED PURCHASES UNDER SECTION 69C IS ONLY RS. 2,39,155/-, WHEREAS LD. CIT HAS TRIED TO IMPOSE HIS OWN VIEW OVER THE VIEW ALREADY EXPRESSED BY ASSESSING OFFICER AND DIRECT THE ASSESSING OFFICER TO ENHANCE THE ASSESSMENT BY UNEX PLAINED PURCHASES MADE BY THE ASSESSEE, WHICH IS BEYOND THE JURISDICTION OF LD. CIT UNDER S ECTION 263. LD. COUNSEL FOR THE ASSESSEE REQUESTED TO SET ASIDE THE SAME. ITA NO. 1066/KOL./2011 2 3. ON THE OTHER HAND, LD. D.R. APPEARING ON BEHALF OF THE REVENUE SUBMITTED THAT THOUGH THE ASSESSEE DISCUSSED THE ISSUE, THE ASSESSING OFF ICER AT THE TIME OF SCRUTINY ASSESSMENT HAS NOT FULLY VERIFIED AND MADE THE ADDITION AS REQUIRE D IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THEREFORE, LD. CIT HAS RIGHTLY INVOKED THE PROVISIO N OF SECTION 263 OF THE ACT. 4. AFTER HEARING THE RIVAL SUBMISSIONS AND CAREFUL PERUSAL OF THE MATERIAL AVAILABLE ON RECORD, KEEPING IN VIEW OF THE FACT THAT IT IS A SE TTLED PRINCIPLE THAT WHEN ONCE THE ISSUE HAS BEEN DEALT IN DETAIL BY ASSESSING OFFICER AND COME TO TH E CONCLUSION BASED ON THE MATERIAL AVAILABLE ON RECORD, ON THE SAME ISSUE, LD. CIT(ADMINISTRATIO N) CANNOT IMPOSE HIS OWN VIEW BY APPLYING THE PROVISION OF SECTION 263 BASED ON THE MATERIAL AVAILABLE ON RECORD. THEREFORE, WE SET ASIDE THE ORDER OF LD. CIT(ADMINISTRATION) UNDER SECTION 263 AND ALLOW THE GROUNDS OF APPEAL TAKEN BY THE ASSESSEE 5 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE I S ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 25/11/2011. SD/- SD/- [N. VIJAYA KUMARAN / . . . . ] [C.D. RAO/ ( . . )] JUDICIAL MEMBER/ ACCOUNTANT MEMBER/ !' !' !' !' DATED : 25 / 11/ 2011 COPY OF THE ORDER FORWARDED TO: 1. SHRI BHANU MONDAL, PROP. OF M/S. PATESWARI TRADERS, PROP. BHANU MONDAL, PANDAVESWAR, BURDWAN-713 346; 2 CIT, URMILA BHAVAN, A-2, NANDALAL BITHI CITY CENTRE , DURGAPUR-16 3. ACIT ,KOLKATA 4. DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSISTANT REGISTRAR, I.T.A.T., KOLKATA LAHA, SR. P.S.