M/s. Jelenta Polytraders Pvt. Ltd., Kolkata V. ITO, Ward 13(2), Kolkata, Kolkata

ITA 1077/KOL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1551 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 16-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: S K TULSIYAN
• Keywords: Non compliance; Assessment record
• Section: 143(3); 133(6); 263; 144

Judgement Text

ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH C KOL KATA [BEFORE HONBLE SHRI N.V.VASUDEVAN, JM & SHRI WAS EEM AHMED, AM ] ITA NO.1077/KOL/2017 ASSESSMENT YEAR : 2012-13 M/S. JELENTA POLYTRADERS PVT. LTD. -VERSUS- I .T.O., WARD-13(2) KOLKATA KOLKATA (PAN: AACCJ 3004 E) (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI S.K.TULSIYAN, ADVOCATE FOR THE RESPONDENT: SHRI G.MALLIKARJUNA, CIT(DR) DATE OF HEARING : 07.09.2017. DATE OF PRONOUNCEMENT : 13.09.2017. ORDER PER N.V.VASUDEVAN, JM: THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDE R DATED 29.03.2017 PASSED BY THE LD. PR. COMMISSIONER OF INCOME TAX-5, KOLKATA U /S 263 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT) RELATING TO A.Y.2012-13. 2. THE ASSESSEE IS A COMPANY. IT CARRIES ON THE BUSINESS OF TRADING IN PLASTIC GRANULES. THE ASSESSEE FILED ITS RETURN OF INCOME D ECLARING TOTAL INCOME OF RS.87,590/. THE ASSESSMENT WAS COMPLETED ON A TOTAL INCOME OF R S.6,09,95,031/-BY MAKING ADDITIONS OF RS.6,05,32,441/- U/S. 68 OF THE ACT AN D RS. 3,75,000/- U/S 40(A)(IA) OF THE ACT. 3. BEFORE MAKING THE ASSESSMENT, A NOTICE U/S. 1 42(1) OF THE ACT DT. 12.03.2015 WAS ISSUED BY THE AO CALLING UPON THE ASSESSEE TO FURNI SH SUPPORTING DOCUMENTS FOR ALL EXPENSES CLAIMED AS DEDUCTION. THE ASSESSEE FURNIS HED AUDITED BOOKS OF ACCOUNTS AND OTHER DOCUMENTS AS PER REQUIREMENTS. IN THE COURSE OF ASSESSMENT PROCEEDING U/S 143(3) OF THE ACT THE ASSESSEE IN SUPPORT OF THE DE BIT ENTRY IN ITS AUDITED P /L ACCOUNT FOR RS.86,88,687 /- AS 'CLEARING AND FORWARDING CHA RGES', WHICH INCLUDED AMOUNT OF RS.70,52,892/- PAID TO M/S.SAYAN SHIPPING & CLEARIN G AGENCY P. LTD FILED COPIES OF ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 2 ALL THE 26 BILLS ISSUED BY M/S.SAYAN SHIPPING & CLE ARING AGENCY P. LTD., LEDGER ACCOUNT OF THE SAID PARTY, BANK STATEMENT OF THE AS SESSEE SHOWING PAYMENTS MADE TO THE M/S.SAYAN SHIPPING & CLEARING AGENCY PVT.LTD., AND A SUMMARY OF THE AFORESAID BILLS SHOWING HEAD-WISE EXPENSES WHICH RECONCILED W ITH THE AMOUNT DECLARED IN THE BOOKS OF ACCOUNT. THE A.O. DID NOT DISALLOW THE CL AIM OF THE ASSESSEE FOR DEDUCTION OF RS.86,88,687/- BEING CLEARING AND FORWARDING CHA RGES WHILE COMPUTING INCOME FROM BUSINESS. SUCH DETAILS, EXPLANATION OF THE ASS ESSEE AND SATISFACTION OF THE A.O. HAVE NOT BEEN DISCUSSED IN THE ASSESSMENT ORDER. TH E ORDER OF ASSESSMENT WAS PASSED U/S 144 OF THE ACT I.E. BEST JUDGMENT ASSESSMENT AS ACCORDING TO THE AO, THE ASSESSEE DID NOT CO-OPERATE IN GIVING DETAILS BEFORE THE AO. 4. SUBSEQUENT TO THE PASSING OF THE SAID ASSESSME NT ORDER U/S. 144 OF THE ACT DATED 30.03.2015, THE LD. PR. C.I.T-5, KOLKATA ISSUED SHO W-CAUSE NOTICES U/S 263 OF THE ACT DATED 16/ 17 -02- 2016. THE CONTENTS OF THE NOTICE U/S.263 OF THE ACT WERE THAT FROM THE ASSESSMENT RECORD IT TRANSPIRED THAT THE ASSESS EE HAD DEBITED RS.86,88,687/- AS 'CLEARING AND FORWARDING CHARGES' IN THE PROFIT & L OSS ACCOUNT AND OUT OF THIS AMOUNT RS.70,52,892/- WAS PAID TO 'SAYAN SHIPPING & CLEANING AGENCY P. LTD.' UNDER THIS HEAD. BUT INFORMATION RECEIVED FROM SAYAN SHIP PING & CLEANING AGENCY P. LTD. REFLECTED THAT THE VERY COMPANY HAD EARNED RS.45,04 ,818/- FROM 'SERVICE CHARGES'. SO, THE ASSESSEES CLAIM OF PAYMENT OF RS.70,52,892/- TO THE SAID PARTY WAS NOT CORRECT. IT WAS THE FURTHER CASE OF THE CIT IN THE SHOW CAUS E NOTICE THAT THE ASSESSEE HAD CLAIMED EXCESS DEDUCTION OF RS.25,48,074/- [RS.70, 52,892 - RS,45,04,818] UNDER THE HEAD CLEARING AND FORWARDING CHARGES WHICH SHOULD H AVE BEEN BROUGHT TO TAX. 5. IN REPLY TO THE AFORESAID SHOW-CAUSE NOTICES, TH E ASSESSEE FILED ITS WRITTEN SUBMISSION ON 24.01.2017. IN ITS REPLY THE ASSESSE E FILED COPIES OF ALL THE 26 BILLS ISSUED BY M/S.SAYAN SHIPPING & CLEANING AGENCY P. L TD., LEDGER ACCOUNT OF THE SAID PARTY, BANK STATEMENT OF THE ASSESSEE AND A SUMMARY OF THE AFORESAID BILLS SHOWING HEAD-WISE EXPENSES WHICH RECONCILED WITH THE AMOUNT DECLARED IN THE BOOKS OF ACCOUNT. THESE BILLS HAD BEEN FILED BEFORE THE AO WHEN THE AO COMPLETED THE ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 3 ASSESSMENT PROCEEDINGS. THE ASSESSEE FURTHER EXPLA INED THAT EACH OF THE BILL WERE DISTINCTLY DIVIDED IN TWO PARTS - ONE PART CONTAINE D THE BASIC AMOUNT INCLUSIVE OF SERVICE TAX AND THE OTHER PART CONTAINED THE RECEIP TED EXPENSES, I.E. CFS CHARGES WHICH WERE EXTRA EXPENSES APART FROM QUOTATION AND PASSIN G AMOUNT. THE TOTAL OF FIRST PART (BASIC CHARGES) OF THE BILLS CAME TO RS. 46,16,904/ - AND THAT OF SECOND PART (CFS CHARGES) WAS FOR RS.24.35.988/-. AGGREGATE OF WHICH TALLIED WITH THE TOTAL BILLED AMOUNT OF RS.70,52,892/- DECLARED IN THE BOOKS OF A CCOUNT OF THE ASSESSEE. THE SAID AGGREGATE AMOUNT OF RS.70,52,892/- WAS PAID TO M/S. SAYAN SHIPPING & CLEANING AGENCY P. LTD. THROUGH BANKING CHANNEL AND DULY REF LECTED IN THE ASSESSEE'S BANK STATEMENT. 6. AFTER THE AFORESAID REPLY, THE CIT DID NOT CAL L FOR ANY DOCUMENTS IN RELATION TO THE ABOVE EXPENDITURE. HE PASSED THE IMPUGNED ORDER IN WHICH HE HELD THAT FURTHER VERIFICATION OF FACTS WERE REQUIRED AND THEREFORE T HE ORDER OF ASSESSMENT SHOULD BE SET ASIDE TO THE AO FOR MAKING VERIFICATION ON THE AFOR ESAID ISSUE. THE FOLLOWING WERE THE RELEVANT OBSERVATIONS OF THE CIT : '3 IN RESPONSE TO THE SHOW CAUSE NOTICE WRITTEN SUB MISSIONS WERE FILED ON BEHALF OF THE ASSESSEE ON 24-01-2017. IN ITS REPLY THE ASS ESSEE FURNISHED COPY OF 26 BILLS IN RESPECT OF M/S SAYAN SHIPPING & CLEANING AGENCY P. LTD. AGGREGATING THE EXPENDITURE OF RS.70,52,892/- [RS.46,16,904/- TOWAR DS CLEARING AND FORWARDING CHARGES AND RS.24,35,988/- AS REIMBURSEMENT OF CFS] . 4. THE BILLS WERE CROSS CHECKED WITH THE LEDGER ACCOUN T STATEMENT SUBMITTED BY SAYAN SHIPPING & CLEANING AGENCY P. LTD. [AGAINS T 133(6)] AND IT WAS FOUND THAT BILL NUMBERS ARE NOT TALLYING. THE HEADS FOR SUCH BILLS AND THE BREAKUPS OF THE BILLS AND SUPPLEMENTARY BILLS DO NO T MATCH IN FIGURATIVE TERMS. THIS REQUIRES PRESENTATION OF ORIGINAL BILLS , CUSTOMS DOCUMENTS AND ALL ALLIED DOCUMENTS TO ARRIVE AT A DEFINITE CONCLU SION. IT IS FURTHER FOUND THAT THE ORIGINAL ASSESSMENT WA S COMPLETED U/S 144 DUE TO NON COMPLIANCE OF THE ASSESSEE. THEREFORE, THE ENTIRE I SSUE REQUIRES DETAIL EXAMINATION. IT WILL BE IN FITNESS OF THINGS TO SET ASIDE THE ASSESSMENT ORDER SO THAT THE AO CAN EXAMINE ABOVE MENTIONED ISSUES PROP ERLY.' 7. AGGRIEVED BY THE ORDER OF THE CIT THE ASSESSEE H AS PREFERRED THE PRESENT APPEAL BEFORE THE TRIBUNAL. ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 4 8. . THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THA T THE ASSESSEE RECONCILED THE EXPENDITURE OF RS.70,52,892/ - BEING RS.46,16,904/- TOWARDS BASIC CHARGES ON ACCOUNT OF CLEARING & FORWARDING CHARGES AND EXTRA EXPENDIT URE OF RS.24,35,988/- SEPARATELY INCURRED FOR REIMBURSEMENT OF CFS CHARGES AT THE PO RT ON THE BASIS OF BILLS ISSUED BY THE PARTY AND ENTRY IN THE BOOKS. IT WAS POINTED OU T THAT THE PAYMENTS TO THE ABOVE GROSS FIGURE OF RS.70,52,892/- HAVE BEEN MADE THROU GH BANK AND DULY RECORDED IN THE BANK STATEMENT FURNISHED BEFORE CIT. IT WAS SUBMIT TED THAT THE CIT IN THE IMPUGNED ORDER HAS HELD THAT THERE WAS A MISMATCH ON CROSS-C HECKING WITH THE LEDGER ACCOUNT STATEMENT OBTAINED FROM THE PARTY M/S. SAYAN SHIPPI NG & CLEANING AGENCY P. LTD. U/S. 133(6) OF THE ACT. IT WAS SUBMITTED THAT THE C IT DID NOT CONFRONT THE MATERIAL ON THE BASIS OF WHICH HE CAME TO THE ABOVE CONCLUSION TO THE ASSESSEE. IT WAS SUBMITTED THAT NEITHER IN THE NOTICE U/S. 263 OF THE ACT OR ORDER PASSED THEREUPON, THERE WAS ANY MENTION OF ANY PARTICULAR BILL OR TRANSACTION IN WH ICH THE C.I.T. FOUND DIFFERENCE/MISMATCH IN COMPARISON TO BILLS ISSUED B Y THE PARTY AND FURNISHED BY THE ASSESSEE. IT WAS THEREFORE SUBMITTED THAT THE CIT H AS EXERCISED POWERS U/S.263 OF THE ACT ON SURMISE AND CONJECTURE AND ALLOWED TO PASS S ECOND ROUND OF ASSESSMENT ORDER ON THE SAME SET OF FACTS AND EVIDENCE ALREADY ON RE CORD. IT WAS SUBMITTED THAT THE ACTION OF THE C.I.T. IN HAVING TOTALLY RELIED ON TH E REPLY IN RESPONSE TO NOTICE U/S.133(6) OF THE ACT WHICH WAS OBTAINED FROM M/S. SAYAN SHIPPING & CLEANING AGENCY P. LTD., BY THE AO IN THE COURSE OF ASSESSME NT PROCEEDINGS BEHIND THE BACK OF THE ASSESSEE AND WITHOUT POINTING OUT ANY FLAW IN T HE AUDITED ACCOUNTS OR BILLS AND LEDGER ACCOUNTS PRODUCED BEFORE HIM WAS AN ARBITRAR Y ACTION. 9. THE LEARNED COUNSEL ALSO DREW OUR ATTENTION TO THE 26 BILLS PRODUCED BEFORE THE C.I.T. INCORPORATING DETAILS AS PER QUOTATION AND S UBMITTED THAT PERUSAL OF EACH AND EVERY BILL RAISED BY M / S. SAYAN SHIPPING & CLEANI NG AGENCY P. LTD. ON THE ASSESSEE, WOULD SHOW THAT EACH BILL WAS DISTINCTLY DIVIDED IN TWO PARTS, VIZ. FIRST PART CONTAINED THE BASIC EXPENDITURE AND THE SECOND PART WAS FOR E XTRA EXPENSES ON ACCOUNT OF CFS CHARGES INCURRED BY THE PARTY AT THE PORT AND SUBSE QUENTLY REIMBURSED WITH THE GROSS ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 5 BILLED AMOUNT. HE DREW OUR ATTENTION TO SOME OF THE BILLS TO DEMONSTRATE THAT THERE WAS NO ERROR IN THE ORDER OF THE AO. BILL NOS. 681, 681A & 681B DATED 15.03.2012 -TOTAL OF FIRST PART RS.L,78,200/- MAIN PART (JEL.P/IMP/2011-2012/681) RS.L,26,927 POCKET EXP. (JEL.P/IMP/2011-2012/681A) RS. 38,273 SERVICE CHARGES(JEL.P/IMP/2011-2012/681B) RS. 12, 000 RS.1,78,200 TOTAL OF SECOND PART RS. 83,222/- SERVICE TAX (JEL.P/IMP/2011-2012/681A) RS.4045 -DO- (JEL.P/IMP/2011-2012/681B) RS.1236 RS. 5,281 INCIDENTAL EXPENSES (CFS CHARGES) RS.77,941 RS. 83,222 TOTAL = RS.2,61,422 IT WAS REITERATED THAT TOTAL OF RS.46,16,904/- WAS SHOWN IN THE FIRST PART OF ALL THE 26 BILLS AND RS.24,35,988/- IN THE SECOND PART OF THE SAID BILLS AND THE AGGREGATE OF THESE TWO PARTS WAS AMOUNTING TO RS.70,52,892/-, TALLIED WITH THE AUDITED ACCOUNTS. THE SAID AGGREGATE AMOUNT OF RS.70,52,892/- WAS PAID TO M/S.SAYAN SHIPPING & CLEANING AGENCY P. LTD. THROUGH BANKING CHANNEL AND DULY REF LECTED IN THE ASSESSEE'S BANK STATEMENT. IT WAS SUBMITTED THAT IT WAS NOT THE CA SE OF THE C.I.T. THAT THE SAID PARTY DENIED TO HAVE RECEIVED THE SAID AMOUNT OF RS.70,52 ,892/- THROUGH BANKING CHANNEL. IT WAS SUBMITTED THAT M/S.SAYAN SHIPPING & CLEANING AG ENCY P. LTD. MIGHT HAVE GIVEN ONLY THE FIGURES OF FIRST PART, WHICH THE C.I.T. HA S MENTIONED IN HIS ORDER. 10. THE LD. COUNSEL FOR THE ASSESSEE PLACED RELIANC E ON THE DECISION IN THE CASE OF CIT V. GABRIEL INDIA LTD. REPORTED IN [1993] 203 ITR 10 8 (BOM) WHEREIN THE HON'BLE COURT HELD THAT JURISDICTION U/S.263 OF THE ACT CA NNOT BE INVOKED TO MAKE A FISHING OR A ROVING ENQUIRY. ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 6 11. IN LIGHT OF THE AFORESAID SUBMISSIONS, IT WAS U RGED THAT THE ORDER OF THE CIT U/S 263 OF THE ACT DIRECTING TO FRAME THE ASSESSMENT OR DER DE NOVO AS PER DIRECTION/ GUIDELINES CONTAINED IN HIS ORDER DESERVES TO BE QU ASHED FROM ALL ANGLES. 12. THE LD. DR RELIED ON THE ORDER OF CIT AND SUBM ITTED THAT THE ASSESSMENT IN THE CASE OF THE ASSESSEE WAS COMPLETED U/S 144 OF THE A CT AND THEREFORE THERE WAS NO OCCASION FOR THEN AO TO HAVE CONSIDERED ALL THESE A SPECTS AND THEREFORE THE ORDER OF CIT DIRECTING THE AO TO MAKE PROPER ENQUIRIES ON TH E ISSUE WAS JUSTIFIED. 13. WE HAVE GIVEN A VERY CAREFUL CONSIDERATION T O THE RIVAL SUBMISSIONS. IT IS CLEAR FROM THE FACTS AVAILABLE ON RECORD THAT THE ASSESSE E HAD IN THE COURSE OF ASSESSMENT PROCEEDINGS FILED A SUMMARY OF THE BILLS AS ALSO CO PIES OF BILLS ISSUED BY M/S. SAYAN SHIPPING AND CLEANING AGENCY PVT. LTD. THE COPY OF THE SUMMARY OF BILLS IS AT PAGE 4 OF THE ASSESSEES PAPER BOOK. THE TOTAL AMOUNT PA ID BY THE ASSESSEE TO M/S. SAYAN SHIPPING AND CLEANING AGENCY PVT. LTD. WAS A SUM O F RS.70,52,892/- OUT OF WHICH THE SERVICE CHARGES WERE TO THE EXTENT OF RS.46,16, 904/- AND THE REMAINING SUM OF RS. 24,35,988/- WAS TOWARDS OTHER EXPENSES. THE STATEME NT IN PAGE 4 OF THE PAPER BOOK IS SUPPORTED BY 26 BILLS ISSUED BY M/S. SAYAN SHIPPING AND CLEANING AGENCY PVT. LTD. AND THE COPIES OF THESE BILLS ARE AT PAGES 5 TO 30 OF THE ASSESSEES PAPER BOOK. A PERUSAL OF THESE BILLS CLEARLY SHOWS THAT EVEN THE BILLS HAS GOT TWO COMPONENTS VIZ., THE FIRST COMPONENT WAS BASIC EXPENDITURE AND THE SECON D COMPONENT WAS FOR EXTRA EXPENSES. IT IS NOT DISPUTED THAT THE ENTIRE SUM OF RS.70,52,892/- HAD BEEN DULY PAID BY THE ASSESSEE TO M/S. SAYAN SHIPPING AND CLEANING AGENCY PVT. LTD.. IN THE REPLY TO THE SHOW CAUSE NOTICE BY CIT U/S 263 OF THE ACT ALL THE ABOVE FACTS ARE BROUGHT TO THE NOTICE OF CIT AND CIT HAD NOT DISPUTED THE FACT S AS STATED BY THE ASSESSEE IN SUCH REPLY. THE CIT HOWEVER CROSS CHECKED THE LEDGER ACC OUNT STATEMENT SUBMITTED BY M/S. SAYAN SHIPPING AND CLEANING AGENCY PVT. LTD. RECEI VED IN RESPONSE TO THE NOTICE ISSUED BY THE AO U/S 133(6) OF THE ACT WHILE CONCLU DING THE ORIGINAL ASSESSMENT PROCEEDINGS WITH THE BILL NOS AS PRODUCED BY THE AS SESSEE AND FOUND DISCREPANCIES IN ITS BILLS. THE ORDER OF CIT DOES NOT SPELL OUT AS T O WHAT WAS THE DISCREPANCY. IT IS ALSO ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 7 NOT DISPUTED THAT THE CIT HAD NOT CONFRONTED THE AS SESSEE WITH THE NATURE OF DISCREPANCY. 14. THE JURISDICTION U/S 263 OF THE ACT CAN BE INVOKED ONLY ON THE SATISFACTION OF TWIN CONDITIONS NAMELY (I) ORDER OF THE AO BEING ERRONEOUS AND (II) SUCH ERRONEOUS ORDER RESULTS IN PREJUDICE TO THE IN TEREST OF THE REVENUE. IN THE PRESENT CASE AS RIGHTLY CONTENDED BY THE LD. COUNSEL FOR THE ASSESSEE IN THE LIGHT OF THE ADMITTED FACTUAL POSITION THE ENTIRE SUM OF RS.70,52,892/- HAD BEEN DULY PAID BY THE ASSESSEE TO M/S. SAYAN SHIPPING AND CLEANIN G AGENCY PVT. LTD.. THERE CANNOT BE ANY LOSS TO THE REVENUE IN AS MUCH AS THE ENTIRE SUM HAD BEEN PAID AND WAS ADMITTEDLY AN ALLOWABLE EXPENDITURE IN CONNECTION W ITH THE BUSINESS OF THE ASSESSEE. IT CANNOT ALSO BE SAID THAT ORDER OF THE AO WAS ERRONE OUS AS THE NATURE OF ERROR IN THE ORDER OF THE AO HAS NOT BEEN BROUGHT OUT IN THE ORD ER OF THE CIT. THE CIT IN THE IMPUGNED ORDER HAS NOT SPELT OUT AS WHAT ARE THE DI SCREPANCIES BETWEEN THE LEDGER ACCOUNT STATEMENT OF M/S. SAYAN SHIPPING AND CLEANI NG AGENCY PVT. LTD. AND THE BILL NUMBERS AS FURNISHED BY THE ASSESSEE. WITHOUT BRIN GING MATERIAL ON RECORD TO SHOW THAT THE ORDER OF THE AO WAS ERRONEOUS THE CIT CANN OT INVOKE JURISDICTION U/S.263 OF THE ACT. WITHOUT A CLEAR FINDING OF WHAT IS THE ER ROR AND WHAT IS THE ENQUIRY THAT THE AO OUGHT TO HAVE MADE, HE CANNOT TERM THE ORDER OF THE AO AS ERRONEOUS. THE RECORD SHOWS THAT THE ASSESSEE HAS FILED ALL THE DETAILS B EFORE THE AO WHEN THE ASSESSMENT WAS COMPLETED AND THE AO HAS NOT DRAWN ANY ADVERSE INFERENCE. THE DIRECTION OF THE AO TO MAKE A FRESH ENQUIRY IS NOTHING BUT A DIRECTI ON TO THE AO TO MAKE FISHING OR A ROVING ENQUIRY WHICH IS NOT PERMISSIBLE BY EXERCISI NG JURISDICTION U/S.263 OF THE ACT. IN SUCH SITUATION WE ARE OF THE VIEW THAT EXERCISE OF JURISDICTION U/S 263 OF THE ACT CANNOT BE SUSTAINED. WE THEREFORE QUASH THE ORDER U/S 263 OF THE ACT AND ALLOW THE APPEAL OF THE ASSESSEE. ITA N0.1077/KOL/2017- M/S. JELENTA POLYTRADERS PVT. LTD. A.Y.2012-13 8 15. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED. O RDER PRONOUNCED IN THE COURT ON 13.09.2017. SD/- SD/- [WASEEM AHMED] [ N.V.VASUDEVAN ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 13.09.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1.M/S. JELENTA POLYTRADERS PVT. LTD., 114/5, HAZRA ROAD, KOLKATA-700026. 2.I.T.O., WARD-13(2), KOLKATA. 3.PR. C.I.T- 5, KOLKATA 4. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER, SENIOR PRIVATE SECRETARY HEAD OF OFFICE/D.D.O, ITAT KOLKATA BENCHES