Pran Krishna Saha , Barasat V. ITO, Ward - 50(2), Kolkata , Kolkata

ITA 1091/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2225 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 22-05-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHUR Y
• Assessee Lawyers: MANOJ TIWARI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1091/KOL/2018 ASSESSMENT YEAR:2011-12 PRAN KRISHNA SAHA SRIMA SARANI, KRISHNAGAR ROAD, NOAPARA, P.O. BARASAT, KOLKATA-700 124 [ PAN NO.ALGPS 1451C ] / V/S . INCOME TAX OFFICER, WARD-50-(2), UTTARPAN COMPLEX, ULTADANGA, MANICKTALA, CIVIC CEN. D.S.-II, 2 ND FLOOR, KOKATA-54 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI MANOJ TIWARI, CA /BY RESPONDENT SHRI ROBIN CHOUDHURY, ADDL. CIT-DR /DATE OF HEARING 05-11-2018 /DATE OF PRONOUNCEMENT 16-11-2018 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2011-12 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-15, KOLKATAS ORDER DATED 09.01.2018 PASSED IN CASE NO.196/CIT(A)-15/14-15/WD-50(2)/KOL INVOLV ING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GROUND CHALLENGE S BOTH THE LOWER AUTHORITIES ACTION MAKING UNEXPLAINED INCOME INVESTMENT ADDITIO N BY WAY OF DEPOSITS MADE IN UNDISCLOSED BANK ACCOUNT TO THE TUNE OF 15,45,851/-. THERE IS NO DISPUTE ABOUT THE BASIC FACT THAT THE ASSESSEE HAD NOT DISCLOSED HIS AXIS BANK LTD., IN ISSUE AS ADMITTED DURING THE COURSE OF HEARING. THE QUESTION HEREIN I S THAT OF QUANTIFICATION OF THE IMPUGNED ADDITION TO THE PAGES 22 AND 23 IN THE PAP ER BOOK INDICATE THAT THE ASSESSEE HAD DEPOSITED TOTAL AMOUNT OF 3,55,000/- ONLY IN THE SAID UNDISCLOSED BANK ACCOUN T ITA NO.1091/KOL/2018 A.Y. 2011-1 2 PRAN KRISHAN SAHA VS. ITO WD-50-(2) KOL . PAGE 2 AND ALL OTHER DEPOSIT SUMS ARE IN THE NATURE OF BAN KING TRANSFER. LEARNED COUNSELS CASE BEFORE ME IS THAT ASSESSEE HAD AT HIS DISPOSAL NO CASH DRAWINGS OF 4.77 LAC I.E. MUCH MORE THAN THE CASH DEPOSITS. I FIND NO REASON TO ACCEPT THE INSTANT PLEA IN TOTO AS THE SAID CASH HAVE TO CARE OF THE ENTIRE FAMILY IN THE NATURE OF HOUSEHOLD AND OTHER EXPENSES. THE ASSESSEE ALSO NOT PLACED ON RECORD AN Y CASH STATEMENT IN SUPPORT THEREOF. I DEEM IT APPROPRIATE IN THIS FACTS AND CI RCUMSTANCES A LUMP SUM ADDITION OF 2 LAC OUT OF 15,45,851/- TO MEET THE ENDS OF JUSTICE BASED ON ES TIMATION WITH RIDER THAT SAME SHALL NOT BE TREATED AS PRECEDENT IN ANY PRECEDING OR SUCCEEDING ASSESSMENT YEARS. 3. THIS ASSESSEES APPEAL IS ACCEPTED FOR PARTLY AL LOWED IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 16 /11/2018 SD/- (S.S. GODARA) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS - 16/11/2018 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-PRAN KRISHNA SAHA, SRIMA SARANI, KRISHNA GAR ROAD, NOAPARA P.O. BARASAT ,KOLKTA-700124 2. /RESPONDENT-ITO, WARD-50(2) UTTARAPAN COMPLEX, ULTA DANGA, MANICKTALA, CIVIC CEN. D.S. -II, 2 ND FLOOR,KOLKATA-54 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ',