Associated Transport Co, Purulia V. I.T.O Wd - 3(2),Purilia, Purulia

ITA 1431/KOL/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0487 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 21-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MADHU MALATI GHOSH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI P.K. BANSAL , ACCOUNTANT MEMBER ITA NO. 1431 /KOL/ 2013 ASSESSMENT YEAR: 2008 - 09 ASSOCIATED TRANSPORT CO. SASHADHAR GANGLY ROAD, PURULIA 723 101 [ PAN NO.A AFFA 427 1 J ] / V/S . I.T.O. WARD - 3(2) PURULIA INCOME TAX OFFICE, SOUTH LAKE ROAD, OPPOSITE OF SUBHAS PARK, PURULIA 723 101 / APPELLANT .. / RESPONDENT / BY APPELLANT NONE / BY RESPONDENT SMT. MADHU MALATI GHOSH, JCIT, SR - DR / DATE OF HEARING 04 - 06 - 2015 / DATE OF PRONOUNCEMENT 08 - 06 - 2015 / O R D E R THIS A PPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) ASANSOL DATED 20 - 03 - 2013 FOR THE ASSESSMENT YEAR 2008 - 09. 2. ONLY ISSUE INVOLVED IN THIS APPEAL RELATE TO DISALLOWANCE OF 5,55,446/ - . 3. NONE APPEARED ON BEHALF OF ASSESSEE, EVEN THOUGH NOTICE WAS DULY SENT. I, THEREFORE, DECIDE TO DISPOSE OF THIS APPEAL AFTER HEARING LD. DR. AFTER HARING LD. DR AND GOING THROUGH THE ORDERS OF TAX AUTHORITIES BELOW , I NOTED THAT ASSESSING OFFICER MADE THE ADDITION OF 5,55,446/ - IN THE INCOME OF ASSESSEE TO MAKE THE TAX DEDUCTED AT SOURCE. BUT I NOTED THAT ASSESSEE HAS TAKEN THE PLEA BEFORE THE AO THAT IT RECEIVED OF THE SAID SUM OF 5,55,446/ - HAS NOT BEEN S H OWN AS THE INCOME DURING THE IMPUGNED ITA NO. 1431 /KOL /2013 A.Y . 2008 - 09 ASSOCIATED TRANSPORT CO. V. ITO WD . 3(2)PUR PAGE 2 YEAR IN ACCORDANCE WITH METHOD OF ACCOUNTING FOLLOWED BY ASS ESSEE. THE AO JUST REJECTED THE EXPLANATION OF THE ASSESSEE AND DID NOT ENQUIRE OF WHETHER THE SAID RECEI PT HAS BEEN SHOWN BY THE ASSESSEE IN THE SUBSEQUENT YEAR OR IN THE PRECEDING YEAR. I, THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY TO BOTH THE PARTIES, SET ASIDE THE ORDER OF AO AND SO RESTORE THIS ISSUE TO THE FILE OF AO WITH A DIRECTION THAT AO SHALL DECIDE THIS ISSUE AFTE R GIVING PROPER AND SUFFICIENT OPPORTUNITY TO THE ASSESSEE IN ACCORDANCE WITH LAW. 4. IN THE RESULT, APPEAL FILED BY THE AS SESSEE IS STATISTICALLY ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 08 / 06 /201 5 SD/ - ( P.K. BANSAL ) ACCOUNTANT MEM BER KOLKATA, *DKP - 08 / 06 /201 5 / COPY OF ORDER FORWARDED TO: - 1 . / APPELLANT ASSOCIATED TRANSPORT CO. SASHADHAR GANGLY ROAD, PURULIA 723 101 2 . / RESPONDENT ITO WD - 3(2), INCOME TAX OFFICE, SOUTH LAKE ROAD, OPPOSITE OF SUBHAS PARK, PURULIA 723 101 3 . / CONCERNED CIT 4 . - / CIT (A) 5 . , / DR, ITAT, KOLKATA 6 . / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ,