Yogendra Kumar Agarwal Family Trust, Kolkata V. ITO, Ward - 36(4), Kolkata, Kolkata

ITA 1715/KOL/2014

• Counselvise Citation: 171523514 RSA 2014
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 29-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AMITAVA BOSE

Judgement Text

I.T.A. NO . 1715 / KOL ./201 4 ASSESSMENT YEAR: 200 4 - 20 0 5 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER I.T.A. NO. 1715 / KOL / 20 1 4 ASSESSMENT YEAR : 200 4 - 20 0 5 YOGENDRA KUMAR AGARWAL FAMILY TRUST, .. .... ............. .. .APP ELL ANT C/O. AMITAVA BOSE , ADVOCATE, TODI MANSION, 4 TH FLOOR, P - 15, INDIA EXCHANGE PLACE EXTN., KOLKATA - 700 073 [PAN : A A ATY 0316 K ] - VS. - INCOME TAX OFFICER, .. ............................................ . RESPONDENT WARD - 36(4), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SH ANTI PALLY, KOLKATA - 700 107 APPEARANCES BY: SHRI AMITAVA BOSE, ADVOCATE, FOR THE ASSESSEE S MT. RANU BISWAS , J CIT, SR. D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : NOVEMBER 2 7 , 2 01 4 DATE OF PRONOUNCING THE ORDER : NOVEMBER 2 7 , 201 4 O R D E R PER GEORGE MATHAN : THIS IS AN APPEAL FILED BY THE ASSESSE E AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) - XX, KOLKATA IN APPEAL NO. 309 / CIT(A) - XX/ WD - 36(4)/2007 - 08/KOL. DATED 25 . 0 2 .201 4 FOR THE ASSESSMENT YEAR 200 4 - 0 5 . 2. SHRI AMIT AVA BOSE , ADVOCATE, REPRESENTED ON BEHALF OF THE ASSESSEE AND SMT. RANU BISWAS, JCIT, SR. D.R. REPRESENTED ON BEHALF OF THE REVENUE. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. A.R. THAT THE ONLY ISSUE IN THE ASSESSEE S APPEAL WAS AGAINST THE ACTION OF THE LD. CIT(APPEALS) IN NOT ALLOWING THE DEDUCTION UNDER SECTION 80L AND SECTION I.T.A. NO . 1715 / KOL ./201 4 ASSESSMENT YEAR: 200 4 - 20 0 5 PAGE 2 OF 3 88. IT WAS THE SUBMISSION THAT THE ASSESSEE HAD FILED I T S RETURN OF INCOME ON 28.03.2005 AND IN THE SAID RETURN THE ASSESSEE HAD CLAIMED THE DEDUCTION UNDER SECTION 80L AND REBATE UNDER SECTION 88 OF THE ACT . LD. A.R. DREW ATTENTION TO PAGE 4 OF THE PAPER BOOK. IT WAS THE SUBMISSION THAT INTIMATION UNDER SECTION 143(1) HAD BEEN ISSUED WHEREIN THE SAID DEDUCTION AND REBATE HAD NOT BEEN GRANTED TO THE ASSESSEE. IT WAS THE SUBMISSION THAT THE ISSUE WAS CLEARLY COVERED BY THE DECISION OF THE COORDINATE SMC BENCH IN THE CASE OF RADHA K RISHNA NIDHI IN ITA NOS. 1831 & 1832/KOL/2005, ORDER DATED 06.03.2006, WHEREIN THE COORDINATE SMC BENCH HAS SPECIFICALLY HELD THAT UNDER SECTION 143(1) THE ASSESSING OFFICER HAS NO POWER OF ADJUSTMENT TO THE INCOME RETURNED OR TO DENY ANY DEDUCTION/REBATE CLAIMED BY THE ASSESSEE. IT WAS THE SUBMISSION THAT THE ASSESSING OFFICER MAY BE DIRECTED TO GRANT THE ASSESSEE BENEFIT OF DEDUCTION UND ER SECTION 80L AND REBATE UNDER SECTION 88 AS CLAIMED. 4 . IN REPLY, LD. SR. D.R. VEHEMENTLY SUPPORTED THE ORDER OF THE ASSESSING OFFICER AND LD. CIT(APPEALS). 5 . I HAVE CONSIDERED THE SUBMISSIONS. IT IS NOTICED THAT THE ISSUE IS SQUARELY COVERED BY THE D ECISION OF THE COORDINATE SMC BENCH IN THE CASE OF RADHA K RISHNA NIDHI REFERRED TO SUPRA. RESPECTFULLY FOLLOWING THE SAID DECISION, THE ASSESSING OFFICER IS DIRECTED TO GRANT THE ASSESS E E BENEFIT OF DEDUCTION UNDER SECTION 80L AND REBATE UNDER SECTION 88 AS CLAIMED. 6 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 7 TH NOV EMBER , 2014. SD/ - GEORGE MATHAN ( JUDICIAL MEMBER) KOLKATA, THE 2 7 TH D AY OF NOVE MBER , 201 4 I.T.A. NO . 1715 / KOL ./201 4 ASSESSMENT YEAR: 200 4 - 20 0 5 PAGE 3 OF 3 COPIES TO : (1) YOGENDRA KUMAR AGARWAL FAMILY TRUST, C/O. AMITAVA BOSE, ADVOCATE, TODI MANSION, 4 TH FLOOR, P - 15, INDIA EXCHANGE PLACE EXTN., KOLKATA - 700 073 (2) INCOME TAX OFFICER, WARD - 36(4), KOLKATA, AAYAKAR BHAWAN POORVA, 110 , SHANTI PALLY, KOLKATA - 700 107 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (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 .