I.T.O. Wd-1, Purba Medinipur V. Mrs. Zabeen Mahmud, Purba Medinipur

ITA 1734/KOL/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5898 (ITAT-KOLKATA)
• Duration Of Justice: 5 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 03-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR CIT SRDR
• Assessee Lawyers: D S DAMLE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 1734 / KOL / 20 13 ASSESSMENT YEAR :2009-10 INCOME TAX OFFICER, WARD-1, HALDIA, HASUDEVPUR, KHANJANCHAK, PURBA MEDINIPUR-721602 V/S . MRS. ZABEEN MAHMUD CHANSERPUR, HPL LINK ROAD,KHANJANCHAK, HALDIA, PURBA MEDINIPUR, PIN- 721602 [ PAN NO.AIUPM 8874 E ] /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI SAURABH KUMAR, ADDL. CIT-SR-DR /BY RESPONDENT SHRI D.S. DAMLE, AR /DATE OF HEARING 10-07-2018 /DATE OF PRONOUNCEMENT 25-07-2018 / O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2009-10 A RISES AGAINST COMMISSIONER OF INCOME TAX (APPEALS)-XXXIII, KOLKAT AS ORDER DATED 06.03.2013, PASSED IN CASE NO.110/CIT-XXXIII/ITO WA R-1, HAL/11-12 REVERSING ASSESSING OFFICERS ACTION MAKING BOGUS C REDITORS ADDITION OF PENALTY 41,90,378/- MADE IN ASSESSMENT ORDER DATED 15.12.20 11, INVOLVING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT EMERGES AT THE OUTSET THAT THE ASSESSING OFFI CER TREATED ASSESSEES CREDITORS AMOUNTING TO 41,930,378/- TO BE BOGUS IN HIS ASSESSMENT ORDER. I T FURTHER TRANSPIRES THAT THE ASSESSING AUTHORITY HAD ALSO SUBMITTED ITS REMAND REPORT DURING THE COURSE OF LOWER APPELLATE PROCEED INGS ACCEPTING ITA NO.1734/KOL/2013 A.Y. 2009 -10 ITO WD-1 HALDIA VS. MRS. ZABEENMAHM UD PAGE 2 GENUINENESS OF 16,38,118/- MEANING THEREBY IT DOUBTED ASSESSEES C LAIM QUA 17 PARTIES AMOUNTING TO 25,52,260/- AS DELETED BY THE CIT(A) IN HIS LOWER APPELLATE ORDER. THE NET TAX EFFECT THEREFORE IN TH E INSTANT APPEAL COMES TO LESS THAN 10 LAKHS AS PER THE BOARDS CIRCULAR NO.21/2015 DAT ED 10.12.2015 QUA THE REMAINING SUM IN QUESTION OF 25,52,260/-. WE THEREFORE DECLINE REVENUES INSTANT APPEAL TO BE INVOLVING LOWER TAX LIMIT OF THE PRESCRIBED BOARDS CIRCULAR NO.3/2018 DATED 11.07.2018. 3. THIS REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT 25/07/2018 SD/- SD/- ( %) (' %) (DR. A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, *DKP, SR.P.S (- 25 / 07 /201 8 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-ITO WARD-1, BASUDEVPUR, KHANJANCHAK, HAL DIA, PURBA MEDINIPUR 2. /RESPONDENT-MRS. ZABEEN MAHMUD CHANSERPUR, HPL LINK ROAD, KHANJANCHAK, HALDIA, PURBA M EDINIPUR, PIN-721602 3. 3 4 / CONCERNED CIT KOLKATA 4. 4- / CIT (A) KOLKATA 5. 7 ''3, 3, / DR, ITAT, KOLKATA 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO 3,