Ananda Sankar Dam, Jalpaiguri V. ITO, Ward-1(3), Jalpaiguri, Jalpaiguri

ITA 1233/KOL/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 75011 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 24-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SABOORU HASAN USMANI SRDR
• Assessee Lawyers: S M SURANA
• Keywords: Unexplained expenditure; Income from undisclosed sources
• Section: 69C; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER ITA NO. 1233 / KOL / 2012 ASSESSMENT YEAR :2007-08 NANDA SANKAR DAM S/O. LATE P.S. DAM, DEBINAGAR, P.O. MANNAGURI, DIST. JALPAIGURI [ PAN NO.ADDPD 6884 H ] V/S . INCOME TAX OFFICER, WARD-1(3), JALPAIGURI, WEST BENGAL, PIN 735 101 / APPELLANT .. / RESPONDENT) /BY APPELLANT SHRI S.M. SURANA, AR /BY RESPONDENT SHRI SABOORU HASAN U(SMANI, SR-DR /DATE OF HEARING 19-12-2013 /DATE OF PRONOUNCEMENT 27-01-2014 / // / O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), JALPAIGURI IN APPEAL NO.39/CI T(A)/JAL/09-10 DATED 17- 04-2012. ASSESSMENT WAS FRAMED BY ITO, WARD-1(3),JA LPAIGURI U/S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO A S THE ACT) VIDE HIS ORDER DATED 28-12-2009 FOR ASSESSMENT YEAR 2007-08. 2. THE ASSESSEE HAS RAISED GROUNDS NO. 2 TO 7, WHIC H ARE EFFECTIVE GROUNDS, SAME READS AS UNDER:- ITA NO.1233/KOL/2012 A.Y. 2007-08 ANANDA SANKAR DAM V. ITO W-1(3)JAL PAGE 2 2. FOR THAT THE FACTS AND CIRCUMSTANCES OF THE CAS E THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.51,400/- AS INCOME FROM UNDISCLOSED SOURCES. 3. FOR THAT ON THE FACTS AND CIRCUMSTANCES OF THE C ASE THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.1,12,556/- A ND RS.1,36,835/- AS UNEXPLAINED EXPENDITURE BY APPLYING SECTION 69C OF THE I.T. ACT, 1961. 4. FOR THAT ON THE FACTS AND CIRCUMSTANCES OF THE C ASE THAT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.10000 0/- AND RS.255999/- BEING DEPOSITS MADE IN THE BANK ACCOUNTS IGNORING T HE RECONCILIATION AN CASH BOOK WHEREIN ALL THE TRANSACTIONS WITH REGARD TO THE RECEIPTS AND PAYMENTS WERE INCORPORATED AND PRODUCED FOR VERIFIC ATION OF THE AO AND LD. CIT(A). 5. FOR THAT ON THE FACTS AND CIRCUMSTANCES OF THE C ASE THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.30,185/-- BE ING EXPENSES CLAIMED WHICH WERE ALLOWABLE. 6. FOR THAT ON THE FACTS AND CIRCUMSTANCES OF THE C ASE THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.142231/- BEI NG THE EXPENSES INCURRED ON ACCOUNT OF GODOWN RENT. 7. FOR THAT ON THE FACTS AND CIRCUMSTANCES OF THE C ASE THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.235495/- BEI NG THE CREDITORS DULY SHOWN IN THE BOOKS OF ACCOUNTS AND WAS VERIFIABLE. 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE STAT ED THAT THE EVIDENCES FILED BEFORE THE BENCH NOW ALL ARE ADDITIONAL EVIDE NCES AND AS THE ASSESSEE COULD NOT OBTAIN THESE EVIDENCES AND COULD NOT FILE BEFORE ASSESSING OFFICER OR THE CIT(A) ORIGINALLY BECAUSE THESE EVIDENCES WE RE NOT AVAILABLE TO HIM AT THAT TIME AND NOW THESE HAVE BECOME AVAILABLE AND H ENCE HE IS FILING. ACCORDINGLY, LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT LET THE EVIDENCES BE ADMITTED AND THE MATTER BE RESTORED BACK TO THE FIL E OF AO FOR FRESH ADJUDICATION. ON QUERY FROM THE BENCH, LD. SR-DR FA IRLY CONCEDED THAT HE HAS NO ISSUE IN CASE THE MATTER IS RESTORED BACK OR REM ITTED BACK TO THE FILE OF AO FOR FRESH ADJUDICATION WITHOUT GOING INTO THE MERIT S. 4. WE ARE OF THE VIEW LET THESE EVIDENCES FILED BEF ORE US IN ASSESSEES PAPER BOOK TO BE ADMITTED AND LET THE AO FRAMED THE ASSESSMENT DE NOVO ON ITA NO.1233/KOL/2012 A.Y. 2007-08 ANANDA SANKAR DAM V. ITO W-1(3)JAL PAGE 3 ALL THESE ISSUES HAS RAISED BEFORE US BY WAY OF GRO UNDS OF APPEAL BY THE ASSESSEE. ACCORDINGLY, WE SET ASIDE THE ORDER OF CI T(A) AS WELL AS THAT THE ORDER OF AO AND REMIT THE MATTER BACK TO THE FILE O F AO FOR FRESH ADJUDICATION. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STA TISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT 27/ 01/2014 SD/- SD/- (ABRAHAM P GORGE) ( MAHAVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, *DKP !- 27/01/2014 , , , , -, -, -, -, / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. 2 / CONCERNED CIT 4. 2- / CIT (A) 5. , , , / DR, ITAT, KOLKATA 6. 9 / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ,