Kishori Oil Mills, Howrah V. ITO, WD-46(2), KOLKATA, Kolkata

ITA 1334/KOL/2014

• Counselvise Citation: 133423514 RSA 2014
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 11-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: ASHISH RUSTAGI F

Judgement Text

I.T.A. NO . 1 334 / KOL ./201 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER I.T.A. NO. 1 334 / KOL / 20 1 4 ASSESSMENT YEAR : 200 9 - 20 10 KISHORI OIL MILLS,................. ..... ..................... ., .. .. .APP ELL ANT 3, BIK I HAKHOLA HIGH SCHOOL ROAD, JAYNAGAR, RANIHATI, HOWRAH - 711 322 [PAN : A AHFK 1751 B ] - VS. - INCOME TAX OFFICER,............................. , ....... ... . RESPONDENT WARD - 46 ( 2 ), KOLKATA , 3, GOVERNMENT PLACE (WEST), KOLKATA - 700 001 APPEARANCES BY: SHRI ASHISH RUSTAGI, F.C.A. , FOR THE ASSESSEE SMT. RANU BISWAS , J CIT, SR. D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : NOVEMBER 2 6 , 2 01 4 DATE OF PRONOUNCING THE ORDER : NOVEMBER 26 , 201 4 O R D E R PER GEORGE MATHAN : THIS IS AN APPE AL FILED BY THE ASSESSE E AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) - II I , KOLKATA IN APPEAL NO. 372 / CIT(A) - XXX / WD - 46(2)/ 20 11 - 12 . DATED 03 . 0 1 .201 4 FOR THE ASSESSMENT YEAR 200 9 - 10 . 2. SHRI ASHISH RUSTAGI, F.C.A., REPRESENTED ON BEHALF OF T HE ASSESSEE AND SMT. RANU BISWAS, JCIT, SR. D.R. REPRESENTED ON BEHALF OF THE REVENUE. 3. IT WAS SUBMITTED BY THE LD. A .R. THAT THE ONLY ISSUE IN THIS APPEAL WAS A GAINST THE ACTIO N OF THE LD. CIT(APPEALS) IN CONFIRMING THE ADDITION I.T.A. NO . 1 334 / KOL ./201 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 2 OF 3 MADE BY THE ASSESSING OFFICER BY ESTIMATING HANDLING LOSS ON ACCOUNT OF THE MUSTARD SEEDS CONVERSION TO MUSTARD OIL. LD. A.R. DREW ATTENTION TO THE ASSESSMENT ORDER TO SUBMIT THAT THE ASSESSING OFFICER HAD NOT POINTED OUT ANY DEFECT IN THE ACCOUNTS OF THE ASSESSEE NOR THE ACCOU NT OF THE ASSESSEE WAS REJECTED. IT WAS THE SUBMISSION THAT EVEN THE ESTIMATION HAS BEEN DONE WITHOUT USING ANY COMPARATIVES. IT WAS THE SUBMISSION THAT THE ADDITION MADE BY ESTIMATING THE HANDLING LOSS WAS LIABLE TO BE DELETED. 4. IN REPLY, LD. SR. D.R. VEHEMENTLY SUPPORTED THE ORDER OF THE ASSESSING OFFICER AND LD. CIT(APPEALS). 5 . I HAVE CONSIDERED THE SUBMISSIONS. A PERUSAL OF THE ASSESSMENT ORDER SHOWS THAT THE ASSESSING OFFICER HAS NOT RAISED ANY COMPARATIVE CASE FOR THE PURPOSE OF ESTIMATING THE AS SESSEE S HANDLING LOSS. FURTHER NO SPECIFIC DEFECT IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE HAS BEEN POINTED OUT FOR THE PURPOSE OF EVEN RAISING AN ALLEGATION THAT THE ASSESSEE HAS CLAIMED HIGHER HANDLING LOSS. IN THESE CIRCUMSTANCES, I AM OF THE VIEW THAT THE ADDITION REPRESENTING THE HANDLING LOSS IS UN SUSTAINABLE AND CONSEQUENTLY THE ASSESSING OFFICER IS DIRECTED TO DELETE THE ADDITION. 6 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH NOV EMBER , 2014. SD/ - GEORGE MATHAN ( JUDICIAL MEMBER) KOLKATA, THE 26 TH D AY OF NOVE MBER , 201 4 I.T.A. NO . 1 334 / KOL ./201 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 3 OF 3 COPIES TO : (1) KISHORI OIL MILLS, 3, BIKI HAKHOLA HIGH SCHOOL ROAD, JAYNAGAR, RANIHATI, HOWRAH - 711 322 (2) INCOME TAX OFFICER, WARD - 46(2),KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA - 700 001 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S .