Anilraj Promoters & Fincon Pvt. Ltd., Kolkata V. ITO, Ward - 13(1), Kolkata , Kolkata

ITA 1308/KOL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9843 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 14-06-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: MIRAJ D. SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM] I.T.A NO. 1308/KOL/20 18 ASSESSMENT YEAR : 2009-1 0 M/S ANILRAJ PROMOTERS & FINCON PVT. LTD. -VS- ITO, WARD-13(1), KOLKATA. [PAN: AACCA 9822 H] (APPELLANT) ( RESPONDENT) FOR THE APPELLANT : SHRI MIRAJ D SHAH, AR FOR THE RESPONDENT : SHRI KAPIL MONDAL, JCIT DATE OF HEARING : 17.09.2018 DATE OF PRONOUNCEMENT : 26.09.2018 ORDER 1. THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009- 10 IS DIRECTED AGAINST THE CIT(A)-15, KOLKATA DATED 03.01.2018 PASSED IN CASE NO. 228/CIT (A)-5/WD-13(1)/15-16/KOL UPHOLDING THE ASSESSING OFFICERS ACTION ADDING BAC K INTEREST AMOUNT OF RS. 3,04,700/- IN ASSESSMENT ORDER DATED 31.03.2015 ON THE GROUND THAT IT HAD ONLY MADE PROVISION THEREOF IN ITS ACCOUNTS PERTAINING TO THE PRINCIPA L PARTIES, INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE A CT) 2. I NOTICE AT THE OUTSET THAT THE CIT(A) HAS PASS ED HIS LOWER APPELLATE ORDER EX PARTE. THE ASSESSING OFFICER AS WELL AS THE CIT(A) OBSERVE IN THEIR RESPECTIVE ORDERS THAT THE ASSESSEE HAD ITSELF FILED A LETTER AGREEING TO THE IMPUGNED DISALLOWANCE / ADDITION. LEARNED DEPARTMENTAL REPRESENTATIVE VEHEMENTLY SUPP ORTS THE SAID ACTION DURING THE COURSE OF HEARING. I FIND NO MERIT TO ACCEPT THE RE VENUES INSTANT TECHNICAL PLEA 2 ITA NO.1308/KOL/2018 M/S ANILRAJ PROMOTERS & FINCON PVT. LTD. A.YR. 2009-10 2 REGARDING MAINTAINABILITY OF ASSESSEES GRIEVANCE. I DEEM IT APPROPRIATE FIRST OF ALL TO OBSERVE THAT INCOME TAX PROCEEDINGS ARE NOT ADVERSA RIAL IN NATURE SINCE THE AIM AND OBJECT THEREOF IS TO COLLECT TAX FROM AN ASSESSEES CORRECTLY DETERMINED TAXABLE INCOME AND NOT ON THE BASIS OF OMISSIONS AND COMMISSIONS. IT IS NOT CLEAR IN THIS FACT AS TO WHO HAD GIVEN CONSENT AND IN WHAT CIRCUMSTANCES THE SAI D CONCESSION HAD COME IN FAVOUR OF THE DEPARTMENT. BE THAT AS IT MAY, I DIRECT THE CIT (A) TO PROCEED WITH THE ASSESSEES APPEAL FOR ITS ADJUDICATION ON MERITS AFRESH AS PER LAW AFTER AFFORDING ADEQUATE OPPORTUNITY. 3. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTIC AL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 26.09.2018 SD/- [ S.S.GODARA ] JUDICIAL MEMBER DATED : 26.09.2018 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. ANILRAJ PROMOTERS & FINCON PVT. LTD., P-1, HYDE LANE, 7 TH FLOOR, SUIT NO. 7B, KOLKATA-700073. 2. ITO, WARD-13(1), KOLKATA, AAYAKAR BHAWAN POORVA, 9 TH FLOOR, 110, SHANTIPALLY, KOLKATA-700107. 3..C.I.T(A).- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S