Sandeep Bagrodia , Kolkata V. ACIT, Circle - 36, Kolkata , Kolkata

ITA 1356/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2612 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 22-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 131; 68; 69C; 250; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER) ITA NO. 1356/KOL/2018 ASSESSMENT YEAR: 2015-16 SANDEEP BAGRODIA......................APPELLANT PROP: M/S INDUSTRIAL SALES CORPORATION 19C, SARAT BOSE ROAD KOLKATA 700 020 [PAN : ACTPJ 8260 C] VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-36, KOLKATA...............RESPONDENT APPEARANCES BY: SHRI SUNIL SURANA, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI SAURAV KUMAR, ADDL. CIT, SR. D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 25 TH , 2018 DATE OF PRONOUNCING THE ORDER : NOVEMBER 9 TH , 2018 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)10, KOLKATA (HEREINAFTER THE LD. CIT(A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT), DT. 15/05/2018, RELATING TO ASSESSMENT YEAR 2015-16. 2. THE ASSESSEE IS AN INDIVIDUAL. THE ADDITION THAT IS DISPUTED BEFORE ME IS AN AMOUNT OF RS.5 LAKHS/-, U/S 68 OF THE ACT, AND DISALLOWANCE OF INTEREST EXPENDITURE OF RS.28,480/-, U/S 69C OF THE ACT. 3. I HAVE HEARD RIVAL CONTENTIONS. ON CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE, PERUSAL OF THE PAPERS ON RECORD, ORDERS OF THE AUTHORITIES BELOW AS WELL AS CASE LAW CITED, I HOLD AS FOLLOWS:- THE ASSESSEE TOOK LOAN OF RS. 5 LAKHS/- FROM SMT. KAMLA DEVI DUDHERIA. DETAILS OF THE LENDER, INCLUDING ADDRESS, INCOME TAX RETURN FILED AND CONFIRMATION LETTER WAS 2 ITA NO. 1356/KOL/2018 ASSESSMENT YEAR: 2015-16 SANDEEP BAGRODIA FILED BEFORE THE ASSESSING OFFICER. COPY OF THE BANK STATEMENT OF THE LENDER SMT. KAMLA DEVI DUDHERIA, WAS ALSO FILED. THE LOAN IN QUESTION WAS ADVANCED BY SMT. KAMLA DEVI DUDHERIA, FROM AN AMOUNT RECEIVED FROM DUDHORIA TEXTILES PVT. LTD. ON 20 TH OCTOBER, 2014, BY WAY OF RTGS. DUDHORIA TEXTILES PVT. LTD. WAS REPAYING LOAN TAKEN BY FROM SMT. KAMLA DEVI DUDHERIA. THE ASSESSING OFFICER ISSUED NOTICE U/S 131 OF THE ACT, TO THE LOAN CREDITOR AND AS SHE DID NOT APPEAR, THE ADDITION WAS MADE. THE ASSESSEE SUBMITS THAT THE LOAN CREDITORS SMT. KAMLA DEVI DUDHERIA, IS A SENIOR CITIZEN OF MORE THAN 67 YEARS OF AGE AND AS SHE WAS ILL, SHE HAD SENT HER SON, SHRI PRASHAN KUMAR DUDHORIA, TO APPEAR BEFORE THE ASSESSING OFFICER. THE DEPOSITION OF SHRI PRASHAN KR. DUDHORIA, IS ON RECORD, WHERE HE HAS CONFIRMED THE TRANSACTIONS. HE ALSO SUBMITTED THAT HIS MOTHER WAS WEAK AND COULD NOT APPEAR BEFORE THE ASSESSING OFFICER. 3.1. ON THESE FACTS AND CIRCUMSTANCES, I AM OF THE CONSIDERED OPINION THAT THE ASSESSEE HAS PROVED THE IDENTITY, CREDITWORTHINESS AND GENUINENESS OF THE TRANSACTIONS AND THE ADDITION IN QUESTION IS ARBITRARY AND BAD IN LAW. THUS, THE SAME IS DELETED. CONSEQUENTLY, THE DISALLOWANCE MADE OF INTEREST PAID ON THIS LOAN IS ALSO DELETED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 9 TH DAY OF NOVEMBER, 2018. SD/- [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 09.11.2018 {SC SPS} 3 ITA NO. 1356/KOL/2018 ASSESSMENT YEAR: 2015-16 SANDEEP BAGRODIA COPY OF THE ORDER FORWARDED TO: 1. SANDEEP BAGRODIA PROP: M/S INDUSTRIAL SALES CORPORATION 19C, SARAT BOSE ROAD KOLKATA 700 020 2 . ASST. COMMISSIONER OF INCOME TAX, CIRCLE-36, KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES