Dilip Kumar Modi, Kolkata V. ITO, Ward - 34(3), Kolkata , Kolkata

ITA 1328/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7227 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 13 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: 15-06-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: EPASS KOLKATA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1328/KOL/2018 ASSESSMENT YEAR:2009-10 DILIP KUMAR MODI C/O SUBASH AGARWAL & ASSOCIATES, SIDDHA GIBSON, 1, GIBSON LANE, SUITE-213, 2 ND FLOOR, KOLKATA-69 [ PAN NO.AJNPM 0415 D ] / V/S . INCOME TAX OFFICER WARD-34(3), AAYAKAR BHAWAN, POORVA, ROOM 711, 110, SHANTIPALLY, E.M. BYEPASS, KOLKATA-107 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI SUBASH AGARWAL, ADVOCATE /BY RESPONDENT SHRI KAPIL MONDAL, JCIT-DR /DATE OF HEARING 18-09-2018 /DATE OF PRONOUNCEMENT 28-09-2018 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009-10 IS DIRECTED AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-10, KOLKATAS ORDER DATED 24.05.2018 PASSED IN CASE NO.376/CIT(A)-10/W-34(3)/2009-10 AFFIRMING THE ASSESSING OFFICERS ACTION TAKING RECOURSE TO RE-OPENING/RE-ASSESSMENT THEREBY DISALLOWING LOSS CLAIM OF 1,34,515/- AS BOGUS IN HIS ORDER DATED 27.12.2016, INVOLVING PROCEEDINGS U/S. 147/143(3) OF THE INCOME TAX ACT, 1961; IN SHORT T HE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. LEARNED COUNSEL DOES NOT PRESS FOR ASSESSEES FO RMER SUBSTANTIVE GROUND CHALLENGING VALIDITY OF REOPENING THE SAME IS THERE FORE DECLINED AS NOT PRESSED. COMING TO MERITS QUA CORRECTNESS BOTH THE LOWER AUTHORITIES ACTION HOLD ING ASSESSEES ITA NO.1328/KOL/2018 A.Y. 2009-1 0 DILIP KR. MODI VS. ITO WD-34(3), KOL . PAGE 2 LOSS AMOUNTING TO 1,34,515/- AS BOGUS LEARNED COUNSELS ONLY CASE AS PER THE TAXPAYERS REPLY DATED 09.12.2016 SUBMITTED TO ASSE SSING OFFICER IS THAT HE HAD NOWHERE CLAIM OF SUCH LOSS. LEARNED DEPARTMENTAL RE PRESENTATIVE IS UNABLE TO REBUT CORRECTNESS THEREOF DURING THE COURSE OF HEARING. I THEREFORE DELETE THE LATTER DISALLOWANCE / ADDITION LOSS OF 1,34,515/- SINCE NOT CLAIMED AT ASSESSEES BEHALF. 3. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN OPEN COURT ON 28/09/2018 SD/- (S.S. GODARA) JUDICIAL MEMBE R *DKP/SR.PS - 28/09/2018 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-DILIP KR. MODI, C/O SUBASH AGARWAL & ASS OCIATES, SIDDHA GIBSON, 1, GIBSON LANE, SUITE-213 2 ND FLOOR, KOLKATA-69 2. /RESPONDENT-ITO WARD-34(3), AAYAKAR BHAWAN POORVA, ROOM NO.711, 110 SHANTIPALLY, E .M. BYEPASS, KOLKATA-107 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO ',