Munindra Gupta, Kolkata V. I.T.O Wd - 29(1),kolkata., Kolkata

ITA 1480/KOL/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0488 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 23-05-2013
• 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. 1480 /KOL/ 2013 ASSESSMENT YEAR: 2007 - 08 MUNINDRA GUPTA PROP: M/S M.R. ENTERPRISE, 76/3 CHRISTOPHER ROAD, KOLKATA 700 046 [ PAN NO.A DPPG 3071 R ] / V/S . INCOME TAX OFFICER WARD - 29(1), KOLKATA, AAYKAR BHAWAN, (DAKSHIN) DAKSHINAPAN, 2, GARIAHAT ROAD, KOLKATA - 700 068 / 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) XVI, KOLKATA DATED 21 - 03 - 2013 FOR THE ASSESSMENT YEAR 2007 - 08 . 2. ONLY ISSUE INVOLVED RELATE TO ADD BACK ADDITION OF 1.50 LAKH. NONE APPEARED ON BEHALF OF ASSESSEE EVEN THOUGH NOTICE WAS DULY SENT TO ASSESSEE. I, THEREFORE DECIDE TO DISPOSE OF THIS APPEAL AFTER HEARING LD. DR. 3. I HAVE CAREFULLY CONSIDERED THE SUBMISSION MADE BY DR. AND NOTED THAT ASSESSING OFFICER HAS MADE THE ADDITION FOR A SUM OF 1.50 LAKH AS THE SAID SUM ON DIFFERENT DATE S HAS BEEN SHOWN BY M/S DEMACO PLOYMER LTD. RECEIVED FROM THE ASSESSEE . W HILE ASSESSEE HAS NOT SHOWN ANY PAYMENT OF THE SAID SUM OF 1.50 LAKH. ITA NO. 1480 /KOL /2013 A.Y. 2007 - 08 MUNINDRA GUPTA V. ITO WD - 29(1), KOL. PAGE 2 AFTER GOING THROUGH THE ORDERS OF TAX AUTHORITIES BELOW I NOTED THAT ASSESSEE HAS ASKED THE AO TO SUMMONS U/S. 133(1)(B) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) TO SAID M/S DEMACO PLOYMER LTD. AND ASSESSEE BE GIVEN AN OPPORTUNITY TO CROSS - EXAMINE THE M/S DEMACO PLOYMER LTD. THE AO DID NOT ALLOW THE OPPORTUNITY TO THE ASSE SSEE AND IN THE ABSENCE OF THIS OPPORTUNITY BEING GIVEN, I AM OF THE OPINION THAT AO CANNOT MAKE THE ADDITION ON THE BASIS OF THE CONFIRMATION RECEIVED THE ADDITION BACK OF THE ASSESSEE. THE AO WAS BOUND TO ALLOW THE CROSS - EXAMINATION TO THE ASSESSEE IN RE SPECT OF M/S DEMACO PLOYMER LTD. I THEREFORE, DELETE THE ADDITION. 4. IN THE RESULT, APPEAL FILED BY ASSESSEE IS STAND 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 MUNINDRA GUPTA, M/S M.R. ENTERPRISE, 76/3 CHRISTOPHER ROAD, KOLKATA - 700 046 2 . / RESPONDENT ITO WARD - 29(1), 2 GARIAHAT RD., KOLKATA - 68 3 . / CONCERNED CIT 4 . - / CIT (A) 5 . , / DR, ITAT, KOLKATA 6 . / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ,