ITO, WD-5(2), KOLKATA, Kolkata V. M/s Sandeep Enclave Pvt. Ltd., Kolkata

ITA 1180/KOL/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0784 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 15-09-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AGAINST DATED PASSED
• Assessee Lawyers: PE
• Section: 68

Judgement Text

ITA NO.1180/KOL/2015 (ASSESSMENT YEAR-2012-13) IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA BEFORE SH. P.M.JAGTAP, VICE PRESIDENT & SH. S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.1180/KOL/2015 (ASSESSMENT YEAR-2012-13) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 30.06.2015 PASSED BY CIT(A)-2, KOLKATA FOR AY 2012-13. 2. HEARD BOTH PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. LD.AR SUBMITS THAT THE ISSUE IS RELATING TO THE ADDITION MADE ON ACCOUNT OF SHARE CAPITAL U/S 68 OF THE INCOME TAX ACT, 1961 (IN SHORT ACT). FURTHER, BY PLACING RELIANCE ON THE DECISION OF THIS TRIBUNAL IN THE CASES OF M/S. PRATIBHA GRIHA IN ITA NO.1483/KOL/2016 AND M/S. VATAN ENCLAVE PVT.LTD. IN ITA NO.1169/KOL/2015 AND PRAYED TO REMAND THE MATTER TO THE AO FOR HIS FRESH CONSIDERATION. WE FIND THAT THE ISSUE RAISED IN THIS APPEAL IS SIMILAR TO THE ISSUE RAISED IN BOTH APPEALS (SUPRA). LD.DR DID NOT CONTROVERT THE SAME. THEREFORE, TAKING INTO CONSIDERATION THE SUBMISSIONS OF THE LD.AR AND DR AND FACTS AND CIRCUMSTANCES OF THE CASE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF AO FOR HIS FRESH CONSIDERATION IN THE INTERESTS OF JUSTICE. THE ASSESSEE IS LIBERTY TO FILE EVIDENCES, IF ANY, IN SUPPORT OF ITS 1 ITO, WARD-5(2), P-7, CHOWRINGHEE SQUARE, 8 TH FLOOR, ROOM NO.6, KOLKATA-700069. VS M/S. SANDEEP ENCLAVE PVT.LTD., 5, LUCAS LANE, KOLKATA-700001. PAN-AAKCS4068B (APPELLANT) (RESPONDENT) APPELLANT BY SH. SANKAR HALDER, ADDL. CIT, SR.DR RESPONDENT BY SH. MANISH TIWARI, FCA DATE OF HEARING 27.11.2018 DATE OF PRONOUNCEMENT 30.11.2018 ITA NO.1180/KOL/2015 (ASSESSMENT YEAR-2012-13) CONTENTION. THUS, GROUNDS RAISED BY THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2018. SD/- SD/- (P.M.JAGTAP) (S.S.VISWANETHRA RAVI) VICE PRESIDENT JUDICIAL MEMBER [ DATE:- 30.11.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- ITO, WARD-5(2), P-7, CHOWRINGHEE SQUARE, 8 TH FLOOR, ROOM NO.6, KOLKATA-700069. 2. RESPONDENT- M/S. SANDEEP ENCLAVE PVT.LTD., 5, LUCAS LANE, KOLKATA-700001. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES AR/H.O.O ITAT, KOLKATA 2