Niraj Mancchanda , Kolkata V. ITO, Ward - 31(1), Kolkata , Kolkata

ITA 1633/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1429 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 04-03-2019
• Assessment Year: 2011-2012
• Appeal Filed On: 30-07-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Assessee Lawyers: M D SHAH
• Keywords: TDS
• Section: 143(1); 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM] I.T.A NOS. 1213 & 163 3/KOL/2018 ASSESSMENT YEAR : 2011-1 2 NIRAJ MANCCHANDA VS- ITO, WARD-31(1), KOL KATA [PAN: AEZPM 4344 L] (APPELLANT) ( RESPONDENT) FOR THE APPELLANT : SHRI M. D. S HAH, ADVOCATE FOR THE RESPONDENT : SHRI C.J. SINGH, JC IT, SR. DR DATE OF HEARING : 04.03.2019 DATE OF PRONOUNCEMENT : 22.03.2019 ORDER 1. THESE TWO ASSESSEES APPEALS FOR ASSESSMENT YE AR 2011-12 ARISE FROM THE CIT(A)-9, KOLKATAS SEPARATE ORDERS DATED 28.03.2018 AND 25.5 .2018 IN CASE NOS. 198/CIT(A)- 9/WD-31(1)/2015-16/KOL AND 103/CIT(A)-9/WD-31(1)/20 16-17/KOL INVOLVING PROCEEDINGS U/S 143(1) AND 154 OF THE INCOME TAX AC T, 1961 (IN SHORT THE ACT) RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES DURING THE COURSE OF HEARING THE A SSESSEES SINGLE SUBSTANTIVE GRIEVANCE CHALLENGING CORRECTNESS OF DISALLOWANCE OF BROUGHT FORWARD LOSS. HE HAD FILED RETURN U/S 134(1) OF THE ACT ON 13.07.2012 STATING COMMISSION INCOME OF RS. 8,23,841/-, BROUGHT FORWARD LOSSES OF RS. 18,75,271/-AND TDS CLAIMED RS . 17,020/-. THE SAME STAND PROCESSED ON 16.2.2011 U/S 143(1) OF THE ACT DETERM INING THE ASSESSED INCOME OF RS. 8,23,841/- WITHOUT ALLOWING THE SET OFF OF BROUGHT FORWARD LOSSES / TDS CREDITS.. THE 2 ITA NOS.1213 & 1633/KOL/2018 NIRAJ MANCCHANDA A.YR. 2011-12 2 SAID PROCESSING STOOD SERVED ON THE ASSESSEE ON 27. 05.2013. HE FILED SECTION 154 RECTIFICATION DATED 29.10.2015 FOLLOWING BY HIS AP PEAL DATED 09.11.2015 BEFORE THE CIT(A). THE SAME STOOD REJECTED ON 20.06.2016 AND 2 8.03.2018; RESPECTIVELY. HIS APPEAL AGAINST SECTION 154 ORDER DATED 23.07.2016 S TANDS DECLINED ON 09.05.2018. IT IS IN THIS BACKDROP OF FACTS THAT THE ASSESSEE HAS PR EFERRED HIS TWIN APPEALS U/S 143(1) AND SECTION 154 RAISING VERY SAME ISSUE OF DISALLOWANCE OF BROUGHT FORWARD LOSSES AS WELL AS TDS CREDIT (SUPRA). 3. I HAVE GIVEN THOUGHTFUL CONTENTION TO RIVAL SUBM ISSIONS. IT EMERGES DURING THE COURSE OF HEARING THAT NEITHER THE ASSESSING OFFICER NOR T HE CIT(A) HAS ADJUDICATED ASSESSEES GRIEVANCE ON MERITS IN SECTION 154 RECTIFICATION O R REGULAR APPELLATE PROCEEDINGS AS THEY HAVE GONE BY TECHNICAL OBJECTIONS REGARDING NON-MA INTAINABILITY OF THE FORMER AND THAT OF LIMITATION IN LATTER GRIEVANCE. I THEREFORE DEEM IT APPROPRIATE TO RESTORE THE INSTANT ISSUE OF BROUGHT FORWARD FROM 2008-09 AMOUNTING TO RS. 18,75,279/- AND TDS CREDIT TO CLAIM OF 17,020/-BACK TO THE ASSESSING OFFICER FOR NECESSARY ADJUDICATION ON MERITS AFTER AFFORDING THREE EFFECTIVE OPPORTUNITIES OF HE ARING TO THE TAXPAYER WHO SHALL BE AT LIBERTY TO FILE ON RECORD ALL NECESSARY EVIDENCE. 4. THESE TWO ASSESSEES APPEALS ARE ALLOWED FOR STA TISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE COURT ON 22.03.2019 SD/- [ S.S.GODARA ] JUDICIAL MEMBER DATED : 22.03.2019 SB, SR. PS 3 ITA NOS.1213 & 1633/KOL/2018 NIRAJ MANCCHANDA A.YR. 2011-12 3 COPY OF THE ORDER FORWARDED TO: 1. NIRAJ MANCCHANDA, 2, G.C. AVENUE, 2 ND FLOOR, ROOM NO. 5, KOLKATA-700013 2. ITO, WARD-31(1), KOLKATA 3..C.I.T(A).- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT , KOLKATA BENCHES