Precision Logistics Pvt Ltd, Kolkata V. I.T.O Wd - 12(2),kolkata., Kolkata

ITA 1289/KOL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 78405 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2014
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 16-05-2013
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA
• Assessee Lawyers: V N PUROHIT
• Keywords: Document seized; Opportunity of being heard; Corroborative evidences; Documents seized
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH C , KOLKATA [BEFORE HONBLE SRI SHAMIM YAHYA, AM & HONBLE SR I GEORGE MATHAN, JM] ITA NO.1289/KOL/2013 ASSESSMENT YEAR : 2006-07 ( APPELLANT ) (RESPONDENT) PRECISION LOGISTICS PVT. LTD.. -VS- I.T.O., WARD- 12(2), KOLKATA KOLKATA (PAN:AADCP 4462 D) FOR THE APPELLANT SHRI V.N.PUROHIT, FOR THE RESPONDENT SHRI VARINDER MEHTA, CIT (DR) DATE OF HEARING : 14.07.2014 DATE OF PRONOUNCEMENT : 14. 07.2014. ORDER PER SHRI SHAMIM YAHYA, AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST OR DER OF LD. C.I.T.(A)- XII, KOLKATA DT. 30.01.2013 AND PERTAIN TO ASSESSMENT YE AR 2006-07. 2. THE GROUNDS OF APPEAL READ AS UNDER :- 1.THE ORDER OF THE LEARNED CIT(A)-XII CONFIRMING T HE FOLLOWING ADDITIONS ARE BAD ON LAW AND ON FACTS THE CASE. A) ON A/C. OF LORRY FREIGHT PAYMENTS 5,84,84,028. 00 B) ON A/C. OF UNEXPLAINED CASH WITHDRAWAL FROM BANK 1,46,64,958.00 TOTAL 7,31,48,986.00 2. THAT THE APPELLANT CRAVES LEAVE TO ADD, TO AMEND OR WITHDRAW ALL OR ANY OF THE ABOVE GROUNDS. 3. IN THIS CASE THE ASSESSEE E-FILED ITS RETURN OF INCOME FOR THE A.Y.2006-07 ON 30- 11-006 DECLARING TOTAL INCOME OF RS.2,31,750/-. THE CASE WAS SELECTED FOR SCRUTINY AND ASSESSMENT ORDER U/S 143(3) WAS PASSED ON 26-12-200 8 WITH A TOTAL INCOME OF RS.13,70,78,790/-. THE ASSESSEE FILED APPEAL BEFORE LD. CIT(A)-XII, KOLKATA. LD.CIT(A)-XII, KOLKATA PARTLY ALLOWED THE APPEAL OF THE ASSESEE VIDE HIS ORDER DATED ITA.NO.1289/KOL/2013 PRECISION LOGISTICS PVT. LTD.KOLKATA A .YR.2006-07 2 29-07-2009. AFTER THAT, DEPARTMENT FILED APPEAL BEF ORE HONBLE ITAT AGAINST THE ORDER OF LD. CIT(A). HONBLE ITAT A BENCH, KOLKAT A SET ASIDE THE MATTER TO THE FILE OF THE AO VIDE ITA NO.1762/KOL/2009 DATED 30-07-201 0. THE A.O HAS PASSED AN ORDER U/S 143(3)/254/143(3) OF THE I.T.ACT, 1961 DT .30.12.2011. THE AO IN THE ASSESSMENT ORDER NOTED THAT THE ASSESSEE CLAIMED TO HAVE PAID RS.5,84,84,028/- DIRECT TO THE TRUCK OWNERS FOR WHICH NO TDS WAS DEDUCTED. THE ASSESSEE FAILED TO GIVE NAMES AND ADDRESSES OF THE TRANSPORTER OF THE ASSES SEE AND OTHER DETAILS FOR THE PROOF OF THE CLAIM. THE ASSESSEE DID NOT PRODUCE BOOKS AN D OTHER RELEVANT DOCUMENTS FOR VERIFICATION OF THE ASSESSEES CLAIM. THE ASSESSEE CLAIMED THAT ALL THE BOOKS AND PAPERS WERE SEIZED BY THE CBI. HOWEVER, THE AO NOTED THAT THE ASSESSEE HAS NOT PRODUCED THE PHOTO COPY OF THE SEIZED DOCUMENTS. IN THESE CI RCUMSTANCES THE AO PROCEEDED TO DISALLOW THAT ENTIRE AMOUNT OF RS.5,84,84,028/- . 3.1. AS REGARDS CASH DIFFERENCE OF RS.1,46,64,958/- THE AO OBSERVED THAT IN THIS REGARD THE ASSESSEE REPLIED TO CONSIDER CASH PAYMEN T COMPONENT INCLUDED IN THE PAYMENT OF FREIGHT OF RS.6,95,25,034/- THE AMOUNT O N WHICH TDS WAS DEDUCTED. BUT IN THIS REGARD NO CASH BOOK, BOOKS OF ACCOUNTS OR A NY OTHER DOCUMENTS WAS PRODUCED FOR VERIFICATION. NO SUPPORTING EVIDENCE W AS PRODUCED BY THE ASSESSEE REGARDING ITS CLAIM THAT A PART OF THE PAYMENT OF F REIGHT OF RS.6,95,25,024/- WAS PAID IN CASH. NO OTHER EVIDENCE WAS PRODUCED IN RESPECT OF THE DIFFERENCE OF CASH IN HAND OF RS.1,46,64,958/-IN VIEW OF THE ABOVE, THE DIFFER ENT AMOUNT OF RS.1,46,64,958/- WAS TREATED AS UNEXPLAINED MONEY AND ADDED TO THE INCOM E OF THE ASSESSEE. 4. UPON ASSESSEES APPEAL IN THIS REGARD THE LD. CI T(A) CONFIRMED THE AOS ACTION. AGAINST THE ABOVE ORDER THE ASSESSEE IS IN APPEAL BEFORE US. 5. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE R ECORDS. THE LD. COUNSEL OF THE ASSESEE REITERATED THAT THE ASSESSEE HAS FAILED TO PRODUCE THE RECORDS AND DOCUMENTS BEFORE THE AO AS THE BOOKS WERE SEIZED BY THE CBI. THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT NOW THE BOOKS AND DOCUMENTS HAVE BEE N RELEASED AND THE ASSESSEE IS IN ITA.NO.1289/KOL/2013 PRECISION LOGISTICS PVT. LTD.KOLKATA A .YR.2006-07 3 A POSITION TO FURNISH ALL THE DESIRED DETAILS. HE F URTHER REITERATED THAT ALL THE PAYMENTS MADE SINGLY TO A PERSON WERE BELOW RS.20,000/-. THE LD. DR IN THIS REGARD AGREED THAT THE ISSUE NEEDS FACTUAL VERIFICATION AT THE LEVEL O F THE AO. IN THESE CIRCUMSTANCES UPON CAREFUL CONSIDERATION WE REMIT THE ISSUE TO THE FIL E OF THE AO. THE AO IS DIRECTED TO CONSIDER THE ISSUES RAISED IN THIS APPEAL AFRESH AF TER GIVING THE ASSESSEE PROPER OPPORTUNITY OF BEING HEARD. THE LD. COUNSEL OF THE ASSESSEE HAS UNDERTAKEN THAT THE DESIRED DOCUMENTS ARE NOW AVAILABLE AND THE SAME SH ALL BE PRODUCED BEFORE THE AO ON REQUISITION. 6. IN THE RESULT THE APPEAL FILED BY ASSESSEE STAN DS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14.07.2014. SD/- SD/- [ GEORGE MATHAN ] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 14.07.2014. R.G.(.P.S.) COPY OF THE ORDER FORWARDED TO: 1. PRECISION LOGISTICS PVT. LTD., 114, SOUTHERN AVENUE , KOLKATA-29. 2 I.T.O., WARD-12 (2), KOLKATA. 3 . CIT(A)-XII, KOLKATA 4. CIT KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES