Sri Swapan Kumar Saha, Kolkata V. I.T.O Wd - 40(3),kolkata, Kolkata

ITA 1449/KOL/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0484 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 22-05-2013
• 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. 1449 /KOL/ 2013 ASSESSMENT YEAR: 2006 - 07 SRI SWAPAN KUMAR SAHA 64/4B/8, BELIAGHATA MAIN ROAD, KOLKATA - 700 010 [ PAN NO.A JRPS 1185 Q ] / V/S . I.T.O. WARD - 40(3), PODDAR COURT, 4 TH FLOOR, RABINDRA SARANI, KOLKATA / 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) - XII, KOLKATA DATED 15 - 03 - 2013 BY TAKING THE FOLLOWING GROUNDS OF APPEAL: - 1. FOR THAT ON THE FACTS & CIRCUMSTANCES OF THE CASE L D CIT(A) SHOULD HAVE DELETED RS.1,70,000/ - , THE SUM DUE FROM M/S. VEDICA SECURITIES (P) LTD., ARBITRARILY ADDED BY L D A.O.; ANOTHER ADDITION OF RS.2,000/ - ON THIS ACCOUNT SHOULD HAVE ALSO BEEN DELETED. 2. FOR THAT L D CIT(A) SHOULD HAVE DELETED RS.20,000/ - ARBITRARILY DISALLOWED BY L D A.O OUT OF ENTERTAINMENT & MEMBERSHIP MEETING EXPENSES BASED ON SURMISE ONLY. 2. NONE APPEARED ON BEHALF OF ASSESSEE EVEN THOUGH NOTICE WAS DULY SERVED. I, THEREFORE AFTER HEARING DR AND GOING THROUGH THE ORDERS OF TAX AUTHORITIES BELOW SO FAR AS THE GROUNDS ARE CONCERNED WHICH RELATE TO THE ADDITION OF 1.70 LAKH AND 2,000/ - . I NOT ED THAT ASSESSEE HAS CONTENDED THAT THE SAID AMOUNT OF 1.70 LAKH DUE FROM M/SVEDICA SECURITIES (P) LTD., HAS BEEN SHOWN IN THE BALANCE SHEET OF PROPRIETARY CONCERN M/S. SHIVAM ENTERPRISES UNDER THE HEAD ITA NO. 1449 /KOL /2013 A.Y. 2006 - 07 SRI SWAPAN KR. SAHA V. ITO WD - 40(3), KOL. PAGE 2 LOAN TO THE PARTY OF 2.30 LAKH NEITHER THE AO N OR THE CIT(A) CONSIDERED THIS PLEA OF THE ASSESSEE EVEN THOUGH THE ASSESSEE F ILED T HE CONFIRMATION FROM M/S SIVAM ENTERPRISES. I THEREFORE, DELETE THE ADDITION OF 1.70 LAKH SO FAR THE SUM OF 2,000/ - IS CONCERNED THE DIFFERENCE I FOUND TO BE NEGLIG IBLE AN D ARISES DUE TO THIS RECONCILIATION AND I THEREFORE DELETE THE SAME. 3. SECOND GROUND RELATE TO THE DISALLOWANCE OF 20,000/ - OUT OF ENTERTAINMENT AND MEMBERSHIP MEETING EXPENSES. AFTER HEARING LD. DR, I AM OF THE VIEW THAT ONCE THE ASSESSEE CLAIM ED THE EXPENDITURE THE ONUS LIES TO THE ASSESSEE TO PROVE THE GENUINENESS OF THE EXPENDITURE. THE ASSESSEE IN THIS CASE FAILED TO PRODUCE THE BILLS AND VOUCHERS THEREFORE, THE AO MADE THE DISALLOWANCE. UNDER THIS FACT, I CONFIRM THE ORDER OF CIT(A) SUSTAIN ING THE DISALLOWANCE. THUS, THE GROUND IS STAND DISMISSED. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS STAND PARTLY 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 SRI SWAPAN KR. SAHA, 64/4B/8, BELIAGHATA MAIN RD. KOL - 10 2 . / RESPONDENT ITO WARD - 40(3), PODDAR COURT, 4 TH FL, RABINDRA SARANI, KOL. 3 . / CONCERNED CIT KOLKATA 4 . - / CIT (A) KOLKATA 5 . , / DR, ITAT, KOLKATA 6 . / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ,