Gopal Kumar Saha, KOLKATA V. ITO, Ward-37(1), Kolkata, KOLKATA

ITA 1516/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0216 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 23-12-2019
• Assessment Year: 2015-2016
• Appeal Filed On: 24-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Section: 2; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC, BENCH KOLKATA BEFORE SHRI S. S. GODARA, JM ./I.T.A NO.1516/KOL/2019 ( [ [ / ASSESSMENT YEAR: 2015-16) GOPAL KUMAR SAHA 54/5A, OM BUILDING, STRAND ROAD, BARABAZAR, KOLKATA 700 006. VS. ITO, WARD 37(1), KOLKATA ./ ./PAN/GIR NO.: ASUPS 7018 L (APPELLANT) .. (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI JAYANTA KHANRA, JCIT, SR. DR / DATE OF HEARING : 23/12/2019 /DATE OF PRONOUNCEMENT : 31/12/2019 / O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2015-16 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (A)-11, KOLKATA DATED 27.03.2019 PASSED IN CASE NO.CIT(A)-11/KOL/10104/2017-18 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. THE REGISTRY HAS ALREADY SENT IT AN RPAD NOTICE FOR TODAYS HEARING. IT IS ACCORDINGLY PRODUCED EX- PARTE. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE RAISED IN THE INSTANT APPEAL CHALLENGES CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION INVOKING SECTION 56(2)(VII)(B)(II) ADDITION OF RS. 19,29,100/- ON ACCOUNT OF DIFFERENCE BETWEEN ACTUAL AND STAMP PRICE IN THE PURCHASE DEED EXECUTED ON 26.11.2014. THE REVENUES ONLY ARGUMENT IS THAT ALTHOUGH THE ASSESSEE HAD ENTERED INTO CORRESPONDING PURCHASE AGREEMENT ON 17.03.2011 AND PAID CHEQUE AMOUNT OF RS. 80,000/- ON THE VERY DATE, THE SAME WAS NOT A REGISTERED DOCUMENT WHICH COULD BE TAKEN AS COMPLIANCE OF SECTION 56(VII)(B) 1 ST AND 2 ND PROVISO TO THIS EFFECT. I FIND NO I.T.A NO.1516/KOL/2019 GOPAL KUMAR SAHA PAGE | 2 MERIT IN THE REVENUES INSTANT TECHNICAL ARGUMENT. THE FACT REMAINS THAT NEITHER OF THE LOWER AUTHORITIES HAS DOUBTED GENUINENESS OF ASSESSEES ABOVE STATED AGREEMENT OR PART PAYMENT MADE BY BANKING CHANNEL. THERE IS FURTHER NO MATERIAL SUPPORTING THE REVENUES CASE THAT THE ABOVE STATUTORY BEHEST IS RESTRICTED TO A REGISTERED AGREEMENT ONLY. I THEREFORE HOLD THAT BOTH THE LOWER AUTHORITIES HAVE ERRED IN LAW AS WELL AS ON FACT IN MAKING THE IMPUGNED TRADITION OF RS. 19,29,100/- . THE SAME IS DIRECTED TO BE DELETED. 3. THE ASSESSEES APPEAL IS ALLOWED ORDER IS PRONOUNCED IN THE OPEN COURT ON 31.12.2019. SD/- (S. S. GODARA) JUDICIAL MEMBER /KOLKATA; / DATE: 31/12/2019 (BISWAJIT, SR.PS) / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT - GOPAL KUMAR SAHA. 2. THE RESPONDENT- ITO, WARD 37(1), KOLKATA. 3. ( ) / THE CIT(A), KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.