Vishnu Nopany, Kolkata V. ITO, Ward-51(4), kolkata, Kolkata

ITA 1562/KOL/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9180 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 01-08-2016
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BANDYOPADHYAY CIT LD
• Assessee Lawyers: RAJEEVA KUMAR LD
• Section: 133(6)

Judgement Text

I T A NO. 1562/KOL/16 VISHNU NOPAN Y 1 IN THE INCOME TAX APPELLATE TRIBUNAL,DBENCH, KOLKATA BEFORE: SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO.1562/KOL/2016 A.Y: 2009-10 VISHNU NOPANY VS. INCOME TAX OFFICER PAN: ABMPN8014A WARD 51(4), KOLKATA (APPELLANT) (RESPONDENT) APPEARANCES BY : SHRI RAJEEVA KUMAR, ADVOCATE, LD.AR FOR THE ASSESS EE SHRI ARINDAM BANDYOPADHYAY, ADDL.CIT, LD. DR FOR THE REVENUE DATE OF HEARING : 15-03-2017 DATE OF PRONOUNCEMENT : 29-03-2017 O R D E R SHRI S.S. VISWANETHRA RAVI, JM :- THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DT : 09-01- 2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS),XXXII, KOLKATA FOR THE ASSESSMENT YEAR 20 09-10. 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS TO BE DECIDED AS TO WHETHER THE CIT-A JUSTIFIED IN CONFIRMING THE ADDITION OF RS.20,31,300/- BEING CASH DEPOSITS IN THE BANK BY P ASSING AN EX PARTE ORDER IN THE FACTS AND CIRCUMSTANCES OF T HE CASE. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E BEING AN INDIVIDUAL FILED HIS RETURN OF INCOME FOR THE A.Y U NDER I T A NO. 1562/KOL/16 VISHNU NOPAN Y 2 CONSIDERATION ON 30-01-2010 DECLARING A TOTAL INCOM E OF RS.3,22,840/-. UNDER SCRUTINY, STATUTORY NOTICES U/ S. 143(2)/142(1) OF THE ACT WERE ISSUED TO ASSESSEE. I N RESPONSE TO WHICH, THE ASSESSEE ALONG WITH SUPPORTING DOCUME NTS OF THE RETURN AS FILED APPEARED BEFORE THE AO. ON AIR INFO RMATION THE AO FOUND THAT THE ASSESSEE DEPOSITED CASH TO THE TU NE OF RS.30,44,716/- TO ICICI BANK, KOLKATA. A NOTICE U/S . 133(6) OF THE ACT WAS ISSUE TO THE BRANCH MANAGER, ICICI BANK , KOLKATA FOR OBTAINING BANK STATEMENT. ON PERUSAL OF THE BAN K STATEMENT, THE AO FOUND THAT THE ASSESSEE DEPOSITED CASH OF RS.30,44,716/-DURING THE PERIOD FROM 01.04.2008 TO 31.03.2009 IN A/C NO. 00601032552. THE ASSESSEE WAS SHOW CAUSED BY THE AO THAT WHY THE DEPOSIT AMOUNT OF RS.20,31,300/- FOUND FROM THE CASH FLOW STATEMENT S HOULD NOT BE ADDED/DISALLOWED TO THE TOTAL INCOME OF ASSESSEE BEING UNEXPLAINED CASH DEPOSITS. THE ASSESSEE FAILED TO J USTIFY THE SOURCE OF SUCH BANK DEPOSITS. ACCORDINGLY, THE AO O N PERUSAL OF CASH FLOW STATEMENT FILED BY THE ASSESSEE NOTICED T HAT THERE WAS EXCESS DEPOSIT BY THE ASSESSEE AND, ACCORDINGLY ADDED/DISALLOWED THE AMOUNT OF RS.20,31,300/- TO T HE TOTAL INCOME OF ASSESSEE. 4. THE ASSESSEE CHALLENGED THE SAME BEFORE THE CIT- A. BEFORE THE CIT-A THERE WAS NO PROPER REPRESENTATION BY THE ASSESSEE. HE DID NOT COMPLY WITH THE NOTICES ISSUED BY THE CIT- A IN THE APPELLATE PROCEEDINGS. ACCORDINGLY, THE CI T-A BY AN EX PARTE ORDER CONFIRMED THE IMPUGNED ADDITION AS MADE BY THE AO. I T A NO. 1562/KOL/16 VISHNU NOPAN Y 3 5. BEFORE US THE LD.AR SUBMITS THAT THE ASSESSEE AP PEARED BEFORE THE CIT IN RESPONSE TO NOTICES ISSUED BY THE CIT-A AND FILED THE COPIES OF IT RETURN, AUDIT REPORT , SALE INVOICES AND CASH FLOW STATEMENT ETC. BUT, HOWEVER, THE LD.AR OF THE ASSESSEE COULD NOT EXPLAIN THE CONTENTIONS/GROUNDS AS RAISED BEFORE THE CIT-A. THUS, HE SUBMITS BEFORE US TO REM AND THE ISSUE TO THE FILE OF THE AO FOR HIS FRESH CONSIDERA TION OF THE DOCUMENTS OF ASSESSEE FILED BEFORE US. 6. THE LD.DR SUBMITS THAT THE AO HAS GIVEN MANY OPPORTUNITIES TO THE ASSESSEE TO PRODUCE ALL THE RE LEVANT DETAILS IN RESPECT OF SUCH DEPOSITS AS FOUND BY THE AO IN T HE ASSESSMENT STAGE. BUT, THE ASSESSEE DID NOT FILE AN Y EVIDENCE BEFORE THE AO TO SUBSTANTIATE HIS CLAIM PROPERLY. T HE ASSESSEE ALSO DID NOT COMPLY WITH THE NOTICES ISSUED BY THE CIT-A PROPERLY AND REMAINED ABSENT MOST OF THE TIMES BEFO RE HIM. HE ALSO RELIED ON THE ORDERS OF THE AUTHORITIES BELOW. 7. HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE CIT-A ISSUED NOTICES F IXING THE DATE OF HEARING ON 05-06-2012, 03-07-2012, 17-04-2013, 1 3-05- 2013, 27-06-2013 & 10-07-2013, BUT FINALLY THE ASSE SSEE APPEARED BEFORE THE CIT-A ON 24-07-2013 AND FILED C ERTAIN DOCUMENTS I.E IT RETURN, AUDIT REPORT, SALE INVOICE S AND A CASH FLOW STATEMENT, ALL UNSIGNED AND WITHOUT A COVERING LETTER. THE ASSESSEE WAS ALSO DIRECTED BY THE CIT-A TO FILE DET AILS OF BANK ACCOUNT, BANK STATEMENT AND WRITTEN SUBMISSIONS. ON THE LAST DAY OF HEARING ON 18-11-2013, THERE WAS AGAIN NON C OMPLIANCE BY THE ASSESSEE. IT IS ALSO NOTICED THAT THE AO SOU GHT EXPLANATION FROM THE ASSESSEE REGARDING THE DEPOSI TS AS FOUND I T A NO. 1562/KOL/16 VISHNU NOPAN Y 4 BY HIM AT THE ASSESSMENT STAGE TO WHICH THE ASSESSE E EXPLAINED THAT THE CASH WAS RECEIVED FROM HIS MANY BUYERS AS SALE PROCEEDS AND ADVANCE PAYMENT AGAINST ORDER. THE ASS ESSEE ALSO SUBMITTED THAT CASH WAS DEPOSITED TO MAKE PAYM ENTS TO HIS VARIOUS CREDITORS FOR PROCUREMENT OF COMPUTERS AND ITS SPARE PARTS. BEFORE THE AO THE ASSESSEE ALSO FILED CASH FLOW STATEMENT IN SUPPORT OF HIS CONTENTIONS. WE ALSO FI ND THAT BEFORE THE CIT-A IN MOST OF TIMES THE ASSESSEE HIMS ELF /LD.AR WAS ABSENT. WE ALSO NOTICED THAT BEFORE THE AO/CIT- A THE ASSESSEE HAS FAILED TO EXPLAIN PROPERLY BY FILING R EQUISITE EVIDENCES/DOCUMENTS. IN THE CIRCUMSTANCES AND TAKIN G INTO CONSIDERATION THE SUBMISSIONS OF THE LD.AR OF THE A SSESSEE BEFORE US AND IN THE INTEREST OF JUSTICE, WE DEEM IT FIT AND PROPER TO REMAND THE ISSUE TO THE FILE OF THE AO FO R FRESH CONSIDERATION AND VERIFICATION OF THE SAME AND TO PASS AN APPROPRIATE ORDER IN ACCORDANCE WITH LAW AFTER GIVI NG THE ASSESSEE ADEQUATE OPPORTUNITY OF HEARING. THE ASSES SEE SHALL BE AT LIBERTY TO FILE REQUISITE EVIDENCES TO SUBSTA NTIATE ITS CLAIM PROPERLY. THEREFORE, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 29/03/ 2017 SD/- SD/- DR. ARJUN LAL SAINI S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 29-0 3-2017 I T A NO. 1562/KOL/16 VISHNU NOPAN Y 5 *PP/SPS: COPY OF THE ORDER FORWARDED TO: 1 . THE APPELLANT/ASSESSEE: SRI VISHNU NOPANY, BE-403, SECTOR-I, SALT LAKE CITY, KOLKATA-64. 2 THE RESPONDENT/DEPARTMENT: THE INCOME TAX OFFICER, W ARD 51(4), CIVIC CENTRE, UTTARAPAN SHOPPING COMPLEX, KOLKATA-54. 3 4. THE CIT(A) THE CIT 5 . DR, KOLKATA BENCH 6 . GUARD FILE . BY ORDER, ASSTT. REGISTRAR