Mr. Rajesh Kumar Suhasaria, Burdwan V. ITO, Ward - 1(4), Asansol , Asansol

ITA 1260/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7214 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 08-06-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOWDHURY
• Assessee Lawyers: SWATI B AID ACA
• Keywords: Difference of opinion; Change of opinion
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM] I.T.A NO. 1260/KOL/20 18 ASSESSMENT YEAR : 2009-1 0 MR. RAJESH KUMAR SUHASARIA -VS- ITO, WARD-1(4 ), ASANSOL [PAN: AJHPS 8763 J] (APPELLANT) ( RESPONDENT) FOR THE APPELLANT : MISS SWATI B AID, ACA FOR THE RESPONDENT : SHRI ROBIN CHOWDHUR Y, ADDL. CIT DATE OF HEARING : 12.09.2018 DATE OF PRONOUNCEMENT : 28.09.2018 ORDER 1. THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009- 10 ARISES FROM CIT(A)-ASANSOLS ORDER DATED 23.02.2018 PASSED IN CASE NO. 12/CIT(A) /ASL/WD-1(4)/ASL/15-16 IN PROCEEDINGS U/S 143(3) READ WITH SECTION 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT ). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEE BEFORE US TWO SUBSTANTIVE GROUNDS I N ITS INSTANT APPEAL. THE FORMER SUBSTANTIVE GROUND CHALLENGES VALIDITY OF REOPENING /REASSESSMENT IN ISSUE TO BE MERE CHANGE OF OPINION. THE SAME IS NOT PRESSED DURING T HE COURSE OF HEARING. THE ASSESSEES LATTER GRIEVANCE CHALLENGES DISALLOWANCE OF EXPENSE S AMOUNTING TO RS. 3,46,788/-. THE CIT(A)S DISCUSSION HOLDS THAT THE IMPUGNED EXPENDI TURE CLAIMED IN RESPECT OF THREE BUSINESS CONCERNS NAMES M/S NATIONAL DOMESTIC ENERG U. M/S SRI JAGDAMBA FUEL AND 2 ITA NO.1260/KOL/2018 RAJESH KUMAR SUHASARIA A.YR. 2009-10 2 M/S RANI SATI PRODUCTS AS THE ASSESSEE HAS NOT CAR RIED OUT ANY BUSINESS. THE SAME IS FOUND TO BE CONTRARY TO THE ASSESSMENT ORDER ITSELF ASSESSING THE INSTANT TAXPAYER TO BE ENGAGED IN WHOLESALE BUSINESS OF FOOD GRAINS. THE ASSESSEE HAS INCURRED THE IMPUGNED EXPENDITURE ON OUTSTANDING LOAN AMOUNTS, BANK CHARG ES AND FEES ONLY WHICH MAY NOT BE MANDATORILY ASSOCIATED WITH ANY BUSINESS ACTIVIT Y. I THEREFORE ACCEPT ASSESSEES INSTANT SUBSTANTIVE GROUND ON MERITS TO DELETE THE MAIN DISALLOWANCE / ADDITION OF EXPENSES AMOUNTING TO RS. 3,46,788/-. 3. THIS ASSESSEES APPEAL IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE COURT ON 28.09.2018 SD/- [ S.S.GODARA ] JUDICIAL MEMBER DATED : 28.09.2018 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. RAJESH KUMAR SUHASARIA, S/O KISHAN LAL SUHASARIA , STATION ROAD, P.O.-BARAKAR, BURDWAN-713324 2. ITO, WARD-1(4), ASANSOL, SAHANA APARTMENT, LOWER CHELIDANGA, ASANSOL-713304. 3..C.I.T(A).- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S