Pradeep Agarwal / Shubpradheep Agarwal, Kolkata V. I.T.O. Wd - 54(1),Kol, Kolkata

ITA 1744/KOL/2012

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9070 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 01-08-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 29-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K L KANAK
• Assessee Lawyers: N O N E

Judgement Text

I.T.A. NO . 1744 / KOL ./201 2 ASSESSMENT YEAR: 200 8 - 20 0 9 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER I.T.A. NO. 1744 / KOL / 20 1 2 ASSESSMENT YEAR : 200 8 - 20 0 9 PRADEEP AGARWAL/ SHUBPRADHEEP AGARWAL, ... ............. .. .APP ELL ANT 1, BRITISH INDIAN STREET, 5 TH FLOOR, ROOM NO. 503, KOLKATA - 700 069 [ PAN : A CHPA 4722 G ] - VS. - INCOME TAX OFFICER , ........................... ................... ... . RESPONDENT WARD - 54 ( 1 ), KOLKATA , 3, GOVERNMENT PLACE(WEST), KOLKATA - 700 001 APPEARANCES BY: N O N E , FOR THE ASSESSEE S HRI K.L. KANAK , J CIT, SR. D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : FEBRUARY 23 , 2 01 5 DATE OF PRONOUNCING THE ORDER : FEBRUARY 23 , 201 5 O R D E R PER GEORGE MATHAN : THIS IS AN APPEAL FILED BY THE ASSESSE E AGAIN ST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) - XXX V I , KOLKATA IN APPEAL NO. 1 86 / CIT(A) - XXX V I / KOL/ITO - WD - 54(1)/10 - 11/1415 D ATED 30 . 10 .201 2 FOR THE ASSESSMENT YEAR 200 8 - 0 9 . 2. AN ADJOURNMENT LETTER HAS BEEN FILED ON BEHALF OF THE ASSESSEE WHEREIN LD. A.R. OF THE ASSESSEE HAS SOUGHT FOR MORE TIME TO PREPARE AND SUBMIT THE PAPER BOOK. AS THE MATTER HAS BEEN POSTED ON MULTIPLE DATES AND TILL TODAY NO PAPER BOOK HAS BEEN FILED AND ONLY ADJOURNMENT HAS BEEN SOUGHT, THE ADJOURNMENT APPLICATION FILED BY T HE ASSESSEE STANDS REJECTED AND THE APPEAL DISPOSED OF ON MERIT. 3. SHRI K.L. KANAK, JCIT, SR. D.R. REPRESENTED ON BEHALF OF THE REVENUE. I.T.A. NO . 1744 / KOL ./201 2 ASSESSMENT YEAR: 200 8 - 20 0 9 PAGE 2 OF 3 4. IN THE ASSESSEE S APPEAL, THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS: - (1) THAT ON THE FACTS AND IN THE CIRCUM STANCES OF THE CASE, THE LD. INCOME TAX OFFICER AND THE LD. CIT(APPEALS) ERRED IN REFUSING TO ALLOW CREDIT FOR TDS OF RS.20,600/ - WHICH FORMED A PART OF THE TOTAL INCOME OFFERED FOR TAXATION FOR THE PRESENT ASSESSMENT YEAR 2008 - 09 AND TAXED ACCORDINGLY. ( 2) THAT, ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE ASSESSING OFFICER ERRED IN DISALLOWING THE AMOUNT OF RS.2,00,000/ - PAID ON GRG BUILD WELL PRIVATE LTD. IN AN EARLIER ASSESSMENT YEAR, BUT DEBITED TO PROFIT & LOSS ACCOUNT FOR THIS YEAR, WHICH AMOUNT HAD BEEN PAID IN CONNECTION WITH THE EARNING OF PROFESSIONAL FEES OF RS.6,50,000/ - , PART OF WHICH WAS ALSO BROUGHT TO TAX IN THIS YEAR. 5 . AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. SR. D.R. THAT THE ASSESSEE IS AN INDIVIDUAL, WHO IS A PRO FESSIONAL CHARTERED ACCOUNTANT. IT WAS THE SUBMISSION THAT THE ASSESSEE HAD CLAIMED CREDIT OF TDS OF RS.20,600/ - REPRESENTING THE PAYMENT FROM M/S. TIRUPATI ASSETS PVT. LTD. OF AN AMOUNT OF RS.2,00,000/ - . IT WAS THE SUBMISSION THAT THE ASSESSEE HAD NOT OFF ERED THE AMOUNT OF RS.2,00,000/ - AS HI S INCOME DURING THE RELEVANT YEAR AND CONSEQUENTLY THE ASSESSING OFFICER HAD NOT ALLOWED THE BENEFIT OF THE CREDIT OF TDS. IT WAS THE FURTHER SUBMISSION BY THE LD. SR. D.R. THAT IN RESPECT OF GROUND NO. 2, THE ASSESSEE HAD CLAIMED AN EXPENDITURE OF RS.2,00,000/ - BEING PAID TO M/S. GRG BUILD WELL PRIVATE LTD. TOWARDS FAMILY SETTLEMENT. IT WAS THE SUBMISSION THAT THE SAME WAS A PERSONAL EXPENDITURE AND WAS NOT LIABLE TO BE ALLOWED. 6 . I HAVE CONSIDERED THE SUBMISSION OF THE LD. SR. D.R, PERUSED THE ASSESSMENT ORDER AND THE ORDER OF THE LD. CIT(APPEALS). IN RESPECT OF THE GROUND NO. 1 REPRESENTING THE CREDIT OF TDS OF RS.20,600/ - , IT IS NOTICED THAT THE ASSESSING OFFICER SAYS THAT THE ASSESSEE HAS NOT OFFERED THE AMOUNT OF RS.2,00,000/ - AS INCOME. HOWEVER, IT IS NOTICED THAT THE I.T.A. NO . 1744 / KOL ./201 2 ASSESSMENT YEAR: 200 8 - 20 0 9 PAGE 3 OF 3 ASSESSING OFFICER HAS MENTIONED THE TOTAL RECEIPT MADE FROM M/S. TIRUPATI ASSETS PVT. LTD. AS RS.6,50,000/ - WHICH INCLUDES THE AMOUNT OF RS.2,00,000/ - . ADMITTEDLY IN RESPECT OF THE GROUND NO. 2, THE AMOUNT OF RS.2,00,000/ - HAS BEEN PAID TO M/S. GRG BUILD WELL PRIVATE LTD. IN RESPECT OF THE FAMILY SETTLEMENT AND THE SAME HAS BEEN CLAIMED AGAINST THE PROFESSIONAL FEES RECEIVED RS.6,50,000/ - FROM M/S. TIRUPATI ASSETS PVT. LTD. THIS IS AS PER THE ASSESS MENT ORDER. THIS SHOWS THAT THE TWO TRANSACTIONS SEEM TO BE INTER - CONNECTED BUT AS THE FACTS ARE CLEARLY NOT EMANATING FROM THE ASSESSMENT ORDER OR THE ORDER OF THE LD. CIT(APPEALS), BOTH THESE ISSUES ARE LIABLE TO BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - ADJUDICATION AFTER GRANTING THE ASSES S SE ADEQUATE O PPORTUNITY TO SUBSTANTIATE ITS CASE AND I DO SO. 7 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 RD FEBRUARY , 201 5 . SD/ - GEORGE MATHAN ( JUDICIAL MEMBER) KOLKATA, THE 2 3 RD D AY OF FEBRUARY , 201 5 COPIES TO : (1) PRADEEP AGARWAL/ SHUBPRADHEEP AGARWAL, 1, BRITISH INDIAN STREET, 5 TH FLOOR, ROOM NO. 503, KOLKAT A - 700 069 (2) INCOME TAX OFFICER, WARD - 54(1), KOLKATA, 3, GOVERNMENT PLACE(WEST), KOLKATA - 700 001 (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 .