Smt. Sikha Singha Roy , Burdwan V. ITO, Ward - 2(3), Burdwan , Burdwan

ITA 1452/KOL/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0512 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 05-03-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 06-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHANKAR HALDER JCITSRDR
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Gift; Capital Gains
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER (MISC. APPLICATION) M.ANO.159 & 160/KOL/2019 (ARISING OUT ITA NO.1451- 1452/KOL/2018) / ASSESSMENT YEAR:2009-10 INCOME TAX OFFICER WARD-2(3), AAYKAR BAWAN, COURT COMPUND,BURDWAN- 713101 / V/S . SHRI DILIP SINGHA ROY DEEPSHIKHA, KHANRO SULTANPUR MORE, P.O. MEMARI, BURDWAN- 713146 [ PAN NO. BCGPS 5668 M ] SMT. SIKHA SINGHA ROY DEEPSHIKHA, KHANRO SULTANPUR MORE, P.O. MEMARI, BURDWAN- 713146 [ PAN NO. BVUPS 2777 L ] /APPLICANT .. /RESPONDENT /BY ASSESSEE SHRI MIRAJ D SHAH, ADVOCATE /BY REVENUE SHRI SHANKAR HALDER, JCIT-SR-DR $ /DATE OF HEARING 13-09-2019 $ /DATE OF PRONOUNCEMENT 13-09-2019 /O R D E R THE REVENUE HAVE FILED ITS INSTANT MISCELLANEOUS A PPLICATION(S) U/S 254(2) OF THE INCOME TAX ACT 1961;IN SHORT THE ACT IN CASE OF AS MANY ASSESSEES SEEKING TO RECALL / RECTIFY ORDER DATED 15.03.2019 ALLOWING TH E MAIN APPEAL(S) RAISING THE ISSUE OF BOGUS LONG TERM CAPITAL GAINS. HEARD BOTH THE LEARNED REPRESENTATIVES. CASES FILE (S) PERUSED. 2. LEARNED COUNSEL REPRESENTING ASSESSEE IS VERY F AIR IN NOT OPPOSING THE REVENUES IDENTICAL PLEA THAT THE INSTANT LIS IN BO TH ASSESSEESS CASE DOES NOT RAISE THE BOGUS LONG TERM CAPITAL GAINS ISSUE. I THEREFORE AC CEPT THE REVENUES INSTANT MA NO.159-160/KOL/2019 ITO WD-2(3), BWD. VS. SRI DILIP SINGHA ROY & S IKHA SISNGHA ROY PAGE 2 MISCELLANEOUS APPLICATIONS MA NO.159-160/KOL/2019 O N THIS COUNT ALONE AS MY IMPUGNED ORDER DATED 15,03,2019 SUFFERS FROM AN APP ARENT ERROR ON THE FACE OF RECORD. 3. COMING TO THE MERITS INVOLVED IN BOTH THESE CASE S WITH THE CONSENT OF THE LEARNED REPRESENTATIVE, I FIND THAT THE ASSESSING O FFICER AS WELL AS CIT(A) HAVE PROCEED TO ADD THEIR CASH DEPOSITS AS UNEXPLAINED C ASH CREDITS. LEARNED COUNSELS CASE DURING THE COURSE OF HEARING; AS PER DETAILED EVIDE NCE FILED ON RECORD, IS THAT THESE TWO ASSESSEES HAD WITHDRAWN THE IMPUGNED SUMS FROM THEI R PARTNERSHIPS ACCOUNT AND ALSO RECEIVED GIFTS FROM FAMILY MEMBERS WHICH HAS NOWHER E BEEN CONSIDERED IN THE LOWER PROCEEDINGS. I THEREFORE DEEM IT APPROPRIATE TO RES TORE THESE INSTANT LIS BACK TO THE ASSESSING OFFICER FOR AFRESH ADJUDICATION AS PER LA W WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. LEARNED COUNSEL FOR THE A SSESSEE STATES THAT BOTH THESE ASSESSEES SHALL APPEAR BEFORE THE ASSESSING OFFICER ON OR BEFORE 10 TH JANUARY, 2020 ALONGWITH COPY OF MY INSTANT REMAND DIRECTION AT TH EIR OWN RISK AND RESPONSIBILITY. I ORDER ACCORDINGLY 4. THESE TWO REVENUES MISCELLANEOUS APPLICATIONS M A NO.159 & 160/KOL/2019 ARE ALLOWED WHEREAS ASSESSEES MAIN APPEAL(S) ITA N O.1451 & 1452/KOL/2018 ARE ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TERMS. A COPY OF THIS ORDER BE PLACED IN THE RESPECTIVE CASE FILE(S). ORDER PRONOUNCED IN OPEN COURT AT THE TIME OF TH E HEARING ON 13 TH SEPTEMBER, FRIDAY 2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS ( - 13/09/2019 / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE-SHRI DILIP SINGHA ROY / SMT. SIKHA SINGHA ROY, DEEPSHIKHA, KHANRO SULTANPUR MORE, P.O. MEMARI, BURDWAN-71314 6 2. /REVENUE-INCOME TAX OFFICER, WARD-2(3), AAYKAR BHAWAN , COURT COMPOUND BURDWAN-713101 3. + , / CONCERNED CIT 4. , - / CIT (A) 5. + , $ + / DR, ITAT, KOLKATA 6. / GUARD FILE. BY ORDER/ , /TRUE COPY/ $ +,