ITO, Ward - 12(4), Kolkata , Kolkata V. M/s. Roger Engineering Pvt. Ltd., , Kolkata

ITA 1323/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7231 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 15-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KAPIL MONDAL J
• Keywords: Depreciation; Income from undisclosed sources; Unabsorbed depreciation
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1323/KOL/2018 ASSESSMENT YEAR:2013-14 ITO WARD-12(4) AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-69 / V/S . M/S ROGER ENGINEERING PVT. LTD., P-26, TRANSPORT DEPOT, KOLKATA-700088 [ PAN NO.AACCR 8553 Q ] /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI KAPIL MONDAL, JCIT-DR /BY RESPONDENT NONE /DATE OF HEARING 18-09-2018 /DATE OF PRONOUNCEMENT 28-09-2018 /O R D E R THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2013-14 ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-4, KOLKATAS O RDER DATED 12.03.2018 PASSED IN CASE NO.01/CIT(A)-4/2016-17/KOL INVOLVING PROCEEDIN GS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHES T DESPITE SERVICE OF NOTICE. IT IS ACCORDINGLY PROCEEDED EX PARTE . 2. I NOTICE AT THE OUTSET THAT THE REVENUES ONLY CONTENTION IN ITS GROUNDS OF APPEAL IS THAT CIT(A) HAS ERRED IN LAW IN DIRECTING THE ASSESSING OFFICER TO VERIFY THE RELEVANT FACTUAL POSITION IN VIOLATION OF U/S 251 ( 1)(A) OF THE ACT OMITTING THE CLINCHING EXPRESSING OR HE MADE SET ASIDE WITH EFFECT FROM 01.06.2001 VIDE FINANCE ACT 2001. I FIND THAT THE ASSESSEE HAD RAISED MULTIPLE GROUND S IN LOWER APPELLATE PROCEEDINGS WHILST CHALLENGING THE ASSESSING OFFICERS ACTION D ISALLOWING / ADDING RENT AMOUNT OF 49,45,359/- U/S 40(A)(IA), U/S 14A R.W.S 8D DISALLO WANCE AMOUNT OF 2,46,038/- INCOME FROM UNDISCLOSED SOURCES ADDITION OF 2,29,867/- DISALLOWANCE OF BROUGHT ITA NO.1323/KOL/2018 A.Y. 2013-14 ITO WD-12(4), KOL. VS. M/S ROGER ENGINE ERING PVT. LTD. PAGE 2 FORWARD BUSINESS LOSS AND UNABSORBED DEPRECIATION O F 41,27,366/- AND 2,66,097/-; RESPECTIVELY. THE CIT(A) HAS ADMITTEDLY DIRECTED TH E ASSESSING OFFICER TO CONDUCT NECESSARY FACTUAL VERIFICATION. THIS IS WHAT LEAVES THE REVENUE AGGRIEVED. ITS SOLE LEGAL PLEA IS THAT SEC. 251(1)(A) AFTER ITS AMENDME NT HEREINABOVE HAS TAKEN AWAY SUCH REMAND POWER. 3. I HAVE GIVEN MY THOUGHTFUL CONSIDERATION TO REVE NUES ABOVE LEGAL PLEA. THERE IS NO DISPUTE THAT THE LEGISLATURE HAS TAKEN AWAY S UCH REMAND POWER OUT OF CIT(A)S JURISDICTION. THE FACT ALSO REMAINS THAT THIS IS NO T THE REVENUES CASE THAT SUCH FACTUAL VERIFICATION DIRECTED TO THE ASSESSING OFFICER IS I N ANY WAY NOT REQUIRED. BE THAT AS IT MAY, I EXPRESS MY DISAGREEMENT WITH THE CIT(A)S RE MAND DIRECTION IN PRINCIPLE AS PER THE ABOVE LEGAL POSITION. I DEEM IT APPROPRIATE TO EXERCISE THE TRIBUNALS JURISDICTION FOR REMITTING THE ISSUE BACK TO THE AS SESSING OFFICER FOR CONDUCTING NECESSARY FACTUAL VERIFICATION. THE REVENUES SOLE SUBSTANTIVE GRIEVANCE IS ACCEPTED FOR STATISTICAL PURPOSES. 4. THIS REVENUES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 28/09/2018 SD/- (S.S. GODARA) JUDICIAL MEMBER *DKP/SR.PS - 28/09/2018 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-ITOWARD-12(4),AAYAKARBHAWAN, P-7,CHOWRIN GHEE SQ. KOL.69 2. /RESPONDENT-M/S ROGER ENGINEERING PVT. LTD. P-26, T RANSPORT DEPOT, KOL-88 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORD ER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO ',