Narpat Golechha , Kolkata V. I.T.O.,Ward-30(3), Kolkata

ITA 1498/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8540 (ITAT-KOLKATA)
• Duration Of Justice: 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 20-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Unexplained cash credit; Opportunity of being heard; Set aside
• Section: 68

Judgement Text

ITA NO. 1498/KOL/2019 ASSESSMENT YEAR: 2011-2012 NARPAT GOLECHHA 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 1498/KOL/2019 ASSESSMENT YEAR: 2011-2012 NARPAT GOLECHHA,................................... .................................APPELLANT 20D, GARCHA, 1 ST LANE, FLAT NO. C/6, KOLKATA-700 019 [PAN: ADMPG 0068 R] -VS.- INCOME TAX OFFICER,................................ .................................RESPONDENT WARD-30(3), KOLKATA, AAYAKAR BHAWAN, 2, GARIAHAT ROAD (SOUTH), KOLKATA-700 068 APPEARANCES BY: SHRI MIRAJ D. SHAH, A.R., FOR THE APPELLANT SHRI ROBIN CHOUDHURY, ADDITIONAL CIT, D.R , FOR THE RESPONDEN T DATE OF CONCLUDING THE HEARING : JULY 12, 2019 DATE OF PRONOUNCING THE ORDER : JULY 12, 2019 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-8, KOLKATA DAT ED 07.05.2019 PASSED EX-PARTE, WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INDIVIDUA L, WHO FILED HIS RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION O N 01.06.2011 DECLARING TOTAL INCOME OF RS.1,89,478/-. IN THE COU RSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE FAILED TO ESTABLISH SATIS FACTORILY THE CAPACITY OF THE CONCERNED FOUR LOAN CREDITORS FROM WHOM THE TOT AL INTEREST-FREE LOANS ITA NO. 1498/KOL/2019 ASSESSMENT YEAR: 2011-2012 NARPAT GOLECHHA 2 AMOUNTING TO RS.4,18,000/- WERE RECEIVED DURING THE YEAR UNDER CONSIDERATION. HE ALSO FAILED TO ESTABLISH THE GENU INENESS OF THE RELEVANT LOAN TRANSACTIONS TO THE SATISFACTION OF THE ASSESS ING OFFICER. THE ASSESSING OFFICER, THEREFORE, TREATED THE SAID LOAN S AS UNEXPLAINED CASH CREDIT AND AN ADDITION OF RS.4,18,000/- WAS MADE BY HIM TO THE TOTAL INCOME OF THE ASSESSEE UNDER SECTION 68 IN THE ASSE SSMENT COMPLETED UNDER SECTION 147/143(3) OF THE ACT VIDE AN ORDER D ATED 22.12.2017. 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 147/143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(APPEALS) AND SINCE THERE WAS NO SATISFACTORY CO MPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(APPEALS) DIS MISSED THE APPEAL OF THE ASSESSEE VIDE HIS APPELLATE ORDER DATED 07.05.2 019 FOR NON- PROSECTION. AGGRIEVED BY THE ORDER OF THE LD. CIT(A PPEALS), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN SUPPORT O F THE PRELIMINARY ISSUE RAISED BY THE ASSESESE IN THIS APPEAL CHALLENGING T HE IMPUGNED ORDER PASSED BY THE LD. CIT(APPEALS) EX-PARTE, THE LD. CO UNSEL FOR THE ASSESSEE HAS SUBMITTED THAT SHRI MAHENDRA KUMAR GOLECHHA, A CHARTERED ACCOUNTANT AUTHORIZED BY THE ASSESSEE TO REPRESENT HIS CASE BEFORE THE LD. CIT(APPEALS), COULD NOT APPEAR BEFORE THE LD. CIT(A PPEALS) ON THE DATE OF HEARING DUE TO HIS ILLNESS. SINCE THIS SUBMISSION M ADE BY THE LD. COUNSEL FOR THE ASSESSEE IS DULY SUPPORTED BY AN AFFIDAVIT OF SHRI MAHENDRA KUMAR GOLECHHA AFFIRMING THE RELEVANT FACTS ON OATH, WE A RE SATISFIED THAT THERE WAS A SUFFICIENT CAUSE FOR THE NON-APPEARANCE OF TH E ASSESSEE BEFORE THE LD. CIT(APPEALS). WE, THEREFORE, SET ASIDE THE IMPU GNED ORDER PASSED BY THE LD. CIT(APPEALS) EX-PARTE AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON M ERIT AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. ITA NO. 1498/KOL/2019 ASSESSMENT YEAR: 2011-2012 NARPAT GOLECHHA 3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON JULY 12, 201 9. SD/- SD/- (A.T. VARKEY) (P.M. J AGTAP) JUDICIAL MEMBER V ICE-PRESIDENT (KZ) KOLKATA, THE 12 TH DAY OF JULY, 2019 COPIES TO : (1) SHRI NARPAT GOLECHHA, 20D, GARCHA, 1 ST LANE, FLAT NO. C/6, KOLKATA-700 019 (2) INCOME TAX OFFICER, WARD-30(3), KOLKATA, AAYAKAR BHAWAN, 2, GARIAHAT ROAD (SOUTH), KOLKATA-700 068 (3) COMMISSIONER OF INCOME TAX (APPEALS)-8, KOLKAT A, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.