Appeal Details
Counselvise Citation
[2019] 118 COUNSELVISE.COM (IT) 1410 (ITAT-KOLKATA)
Assessee PAN
Bench
Appeal Number
CRN Number
Duration Of Justice
8 month(s) 1 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
20-03-2019
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
SMC
Assessment Year
2009-2010
Appeal Filed On
19-07-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL B - SMC BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM ] I .T.A NO. 1554 /KOL/2018 ASSESSMENT YEAR : 20 09 - 10 M/S. REVIVE TRADERS VS. I.T.O WARD 12(2, KOLKATA PVT. LTD PAN: AADCR6363F (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI RAJIV CHOUDHURY, ADVOCATE, LD.AR FOR THE RESPONDENT : SHRI C.J. SINGH, JCIT, LD.SR.DR DATE OF HEARING : 28 - 02 - 2019 DATE OF PRONOUNCEMENT: 20 - 03 - 2019 ORDER 1. TH IS ASSESSE E S APPEAL IS DIRECTED AGAINST THE CIT(A) , KOLKATA - 4 S ORDER , DATED 12 - 06 - 2018 PASSED IN CASE NO. 2088 / CIT(A) - 4/2014 - 15 INVOLVING PROCEEDINGS U/S 143(3) OF THE I.T ACT , 1961 ( IN SHORT ACT) . HEARD BOTH THE SIDES. CASE FILE PERUSED. 2. I NOTICED AT THE OUTSET THE INSTANT PLEA IS EMANATED FROM A SEARCH & SEIZURE OPERATION DATED 10 - 10 - 09 CONDUCTED IN M/S. BADALIA GROUP OF CASES. THE AO NOTICED DURING ASSESSMENT THAT THE ASSESSE HAD MADE DEPOSITS IN ITS TWO BANK ACCOUNTS OF RS. 5 , 6 9,78,325/ - IN THE RELEVANT PREVIOUS YEAR. IT CLAIMED TO HA VE DERIVED COMMISSION INCOME @ 100 PER L AKH T O RS.56,9 78/ - ONLY WHEREAS THE A SSESSING O FFICER ASSESSED THE SAME @250 PER LAKH RESULTING IN ADDITION OF RS. 1,4 2 ,4 46/ - . 2 ITA N O. 1554/KOL/2018 - SMC M/S. REVIVE TRADERS P.LTD 2 3. THE ASSESSE E PREFERRED APPEAL . T HE CIT(A) HAS MADE THE IMPUGNED ENHANCEMENT BY ASSESSING THE ABOVE COM MISSION IN C OME @ RS. 1,000/ - PER L AKH FROM RS. 250/ - PER LAKH ADDED DURING ASSESSMENT . 4 . I HAVE GIVEN MY THOUGHTFUL CONSIDERATION TO THE RIVAL CONTENTIONS. IT EMERGES DURING THE COURSE OF HEARING THAT THE DEPARTMENT HAS ASSESSED THE ASSESSEES SISTER CONCERN, M/S. SAWARIA TRADING PVT. LTD INVOLVED IN THE VERY SEARCH IN A/Y 2009 - 10 AT COMMIS SION RATE OF RS. 250/ - PER LAKH INVOLVING SIMILAR DEPOSITS. L EARNED DEPARTMENTAL REPRESENTATIVE FA ILS TO DISPUTE ALL TH ESE CLINCHING DEVELOPMENTS . I THEREFORE PARTLY ACCEPT THE ASSESSEES ARGUMENTS IN THE INSTANT APPEAL AND DIRECT THE A SSESSING OFFICER T O RE - COMPUTE ASSESSEES COMMISSION INCOME @ 250 PER LAKH ONLY. NECESSARY COMPUTATION TO FOLLOW. 5 . THIS A SSESSEES APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE COURT ON 20 - 03 - 2019 SD/ - [ S.S.GODARA ] JUDICIAL MEMBER DATED : 20 - 03 - 2019 * PP , SR. PS COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT/ASSESSEE: M/S. REVIVE TRADERS PVT. LTD . C/O KAMAL KR. AGARWAL 87A, NEW STATION ROAD, BHADRAKALI, HOOGHLY - 712232. 2. RESPONDENT/ DEPARTMENT : THE ITO, W 12(2), KOLKATA AAYKAR BHAWAN, P - 7 CHOWRINGHEE SQ., KOLKATA - 700 069. 3..C.I.T (A) . - 4. C.I.T. - KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR HEAD OF OFFICE/D.D.O., ITAT, KOLKATA
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