Fekan Das, Kolkata V. I.T.O.,Ward-43(3), Kolkata

ITA 124/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7529 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 26-06-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 24-01-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANKAR HALDER JCITSRDR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.124/KOL/2019 ASSESSMENT YEAR:2014-15 FEKAN DAS 73, COTTON STREET, BURRA BAZAR, KOLKATA-700001 [ PAN NO.ALKPD 9070 A ] / V/S . INCOME TAX OFFICER WARD-43(3), 3, GOVT. PLACE (W4EST), GROUND FLOOR, KOLKATA-077001 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI SUBASH AGARWAL, ADVOCATE /BY RESPONDENT SHRI SANKAR HALDER, JCIT, SR-DR /DATE OF HEARING 26-06-2019 /DATE OF PRONOUNCEMENT 26-07-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-13, KOLKATAS ORDER DATED 02.07.2018 PASSED IN CASE NO.178/ CIT(A)-13/KOL/WD.43(3)/2016-17, INV OLVING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE A CT. 2. THE ASSESSEES INSTANT APPEAL SUFFERS FROM 118 D AYS DELAY IN FILING STATED TO BE ATTRIBUTABLE TO HIS WIFES CANCER AILMENTS. HIS CO NDONATION PETITION DATED 02.01.2019 IS ALSO PLACED ON RECORD THE CORRESPONDING PARTICUL ARS AS WELL AS OUT OF STATION FACET TO THIS EFFECT. THE REVENUES IS FAIR ENOUGH IN NOT DI SPUTING CORRECTNESS OF THE SAID SOLEMN AVERMENTS. I ACCORDINGLY CONCLUDE THAT ASSES SEES IMPUGNED DELAY OF 118 DAYS IN FILING IS NEITHER INTENTIONAL NOR DELIBERATE BUT ON ACCOUNT OF CIRCUMSTANCES BEYOND HIS CONTROL. I THUS TAKE UP THE MAIN APPEAL ON MERI TS. ITA NO.124/KOL/2019 A.Y. 2014 -15 FEKAN DAS VS. ITO W D-43(3), KOL. PAGE 2 HEARD BOTH THE PARTIES. CASE FILE PERUSED. 3. THE ASSESSEE PLEADS THE FOLLOWING SUBSTANTIVE GR IEVANCE IN THE INSTANT APPEAL:- 1. THAT ON THE FACTS AND O THE CIRCUMSTANCES OF TH E CASE THE LEARNED CIT(A) HAS ERRED IN LAW CONFIRMING THE ADDITION OF RS.10,22,76 7/- MADE BY LD ASSESSING OFFICER, WHEN DRAWING MADE IS RE-DEPOSITED IN BANK A/C. 2. THAT WHEN LEARNED CIT(A) HAS ACCEPTED THE OPENI NG BANK BALANCE OF RS.7,24,533/- OF PUNJAB NATIONAL BANK, HE MUST HAVE TO CONSIDER THE FACT THAT THERE WAS CASH WITHDRAWAL FROM THE BANK DURING THE YEAR AND SAID C ASH WAS RE-DEPOSITED INTO DIFFERENT BANK A/C ON DIFFERENT DATES 4. I HAVE GIVEN MY THOUGHTFUL CONSIDERATION TO RIVA L CONTENTIONS. IT TRANSPIRES AT THE OUTSET THAT THE VEY ISSUE OF ASSESSEES CASH DE POSITS AMOUNTING TO 139,24,488/- HAD ARISEN IN PRECEDING ASSESSMENT YEAR 2013-14 AS WELL. THE ASSESSEE NAMELY FEKAN DAS AND HIS PAN SHOP M/S SANGITAS PAN BHANDAR HAD M ADE CASH DEPOSITS OF 139,24,488/- AS AGAINST THE GROSS RECEIPTS IN THE P ROFIT AND LOSS ACCOUNT AMOUNTING TO 28,35,563/-. THE ASSESSING OFFICER FRAMED HIS REGUL AR ASSESSMENT ON 01.09.2016 ASSESSING HIM UNDER THE PRESUMPTED RATE OF TAXATION U/S. 44AB @ 8% FOR CASH SALES OF 75,93,642/-. ALL THESE RESULTED IN ADDITION OF 6,07,491/-. THE REVENUE IS FAIR ENOUGH IN NOT DISPUTING THESE CLINCHING FACTS. 5. MR. AGARWAL NOW TAKES ME TO ASSESSEES INSTANT G RIEVANCE. HE SUBMITS THAT ASSESSEES SALE AND BANK DEPOSITS IN THE IMPUGNED ASSESSMENT YEAR INVOLVED FIGURES OF 1,77,65,705/- AND 1,94,36,222/- LEAVING BEHIND A DIFFERENCE OF 16.07 LAC. I MAKE IT CLEAR THAT THERE IS NO DISPUTE ABOUT ALL THESE F IGURES(S). I THEREFORE ADOPT CONSISTENCY IN VIEW OF THE FACT THAT ASSESSEES LINE OF BUSINES S IN PAN SHOP HAS REMAINED THE SAME THROUGHOUT. I DIRECT THE ASSESSING OFFICER TO ASSES S THE ABOVE SUM @ 8% IN FOREGOING TERMS. NECESSARY COMPUTATION OF SAME LINE TO FOLLOW . 6. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN OPEN COURT ON 26/07/2019 SD /- (S.S. G ODARA) JUDICI AL MEMBER KOLKATA, *DKP/SR.PS - 26/07/2019 ITA NO.124/KOL/2019 A.Y. 2014 -15 FEKAN DAS VS. ITO W D-43(3), KOL. PAGE 3 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-FEKAN DAS 73, COTTON STREET, BURRA BAZAR , KOLKATA-001 2. /RESPONDENT-ITO WD-43(3), 3, GOVT. PLACE (WEST), GR . FL. KOLKATA-001 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',