Shri Anirban Basu, Kolkata V. ITO, Ward - 40(1), Kolkata, Kolkata

ITA 1151/KOL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9404 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2011
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 09-06-2010
• Court: TRIBUNAL
• Department Lawyers: S C JAIN
• Keywords: Unexplained cash credit; Additional evidence
• Section: 143(2)

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL BENCH : KOLKATA () BEFORE . . . . . . . . , , , , , !' !' !' !' /AND . .. . . .. .! !! ! , # ) [BEFORE HONBLE SRI D. K. TYAGI, JM & HONBLE SRI C . D. RAO, AM] '$ '$ '$ '$ / I.T.A NO. 1151/KOL/2010 %&' !() %&' !() %&' !() %&' !()/ // / ASSESSMENT YEAR : 2006-07 SRI ANIRBAN BASU -VS- INCOME-TAX OFFICER, WD-4 0(1),KOLKATA (PA NO.AIRPB 6775 E) ( +, /APPELLANT ) (-+,/ RESPONDENT ) FOR THE APPELLANT: SRI SUBASH AGARWAL FOR THE RESPONDENT : SRI S. C. JAIN . / ORDER PER D. K. TYAGI, JM ( . . . . . . . . , , , , ) THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE LD. CIT(A), KOLKATA DATED 05.04.2010 FOR ASSESSMENT YEA R 2006-07. THE ASSESSEE VIDE HIS APPLICATION DATED 14.1.2011 ON THE FOLLOWING REVISE D GROUNDS : 1. FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN SUSTAINING THE ADDITION OF RS.48,44,996/- ON THE ALLEGED GROUND OF UNEXPLAINED CASH CREDIT. 2. FOR THAT HAVING REGARD TO THE FACTS OF THE CASE AND THE EVIDENCE AVAILABLE, THE LD. CIT(A) HAS NO REASON TO CONFIRM THE SAID ADDITION O F RS.48,44,996/-. 3. FOR THAT, ON THE FACTS THE NOTICE UNDER SECTION 143(2) OF THE ACT HAVING NOT BEEN SERVED AS PER SECOND PROVISO TO SECTION 143(2), THE ASSESSEE IS LIABLE TO BE CANCELLED AND/OR QUASHED. 2. THE ASSESSEE VIDE HIS APPLICATION DATED 14.1.201 1 APPLIED FOR ADMISSION OF THE FOLLOWING ADDITIONAL EVIDENCE : I) SUMMARY OF FINAL ACCOUNTS OF DEBAL BASU TRUST F ROM 13.04.2003 TO 31.05.2009, II) U. S. INCOME TAX RETURNS FOR ESTATES AND TRUSTS , III) DEATH CERTIFICATE OF DEBAL BASU, IV) PAN CARD OF ABIRBAN BASU & AMAL BASU, V) COPY OF AFFIDAVIT OF PARENTS SHOWING THAT SUJOY BASU AND ANIRBAN BASU ARE THE SAME PERSON, 2 VI) COPY OF AFFIDAVIT OF SIDDHARTHA GHOSH AND VII) COPY OF NOTICE PURSUANT TO PROBATE CODE, ON THE GROUND THAT THESE EVIDENCE COULD NOT BE FILE D BEFORE THE LOWER AUTHORITIES SINCE THE SAME WERE NOT AVAILABLE WITH THE ASSESSEE AND T HAT THESE WERE RECEIVED ONLY AFTER THE ORDER OF THE LD. CIT(A). THE LD. D.R. DID NOT RAIS E ANY OBJECTION FOR ADMITTING THESE ADDITIONAL EVIDENCE. THE SAME IS, THEREFORE, ADMITT ED. SINCE THESE ADDITIONAL EVIDENCE WERE NOT BEFORE THE LOWER AUTHORITIES THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN THE LIGHT OF THE ADDITIONAL EVIDENCE NOW RELIED ON BY THE ASSESSEE AFTER AFFORDING A REASONABLE OPPORTUNITY O F BEING HEARD TO THE ASSESSEE. THE APPEAL OF THE ASSESSEE IS, THEREFORE, ALLOWED FOR S TATISTICAL PURPOSES. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. 4. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- . . ! , # . . , (C. D. RAO) (D. K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER ( # # # #) )) ) DATED : 14 TH JANUARY, 2011 !/0 %&12 %3! JD.(SR.P.S.) . 4 -%%5 65(7- COPY OF THE ORDER FORWARDED TO: 1 . +, / APPELLANT SRI ANIRBAN BASU, 202, MANIKATALA MAIN ROAD, FLAT NO. 10, KOLKATA-700 054 2 -+, / RESPONDENT, ITO, WARD-40(1), KOLKATA 3 . %.& / THE CIT, KOLKATA 4. %.& ( )/ THE CIT(A), KOLKATA. 5 . !=% -%& / DR, KOLKATA BENCHES, KOLKATA 5 -%/ TRUE COPY, .&>/ BY ORDER, ? '2 /DEPUTY REGISTRAR .