Sri Gautam Chakraborty, Kolkata V. I.T.O.,Ward-34(4), Kolkata

ITA 1746/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0679 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 25-07-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Set aside
• Section: 20

Judgement Text

1 I.T.A NO. 1746/KOL/2019 A.Y 2015-16 SRI GAUTAM CHAKRABORTY IN THE INCOME TAX APPELLATE TRIBUNAL B-SMCBENCH: KOLKATA [BEFORE SHRI A. T. VARKEY, JM ] I.TA NO. 1746/KOL/2019 A.Y 2015-16 SRI GAUTAM CHAKRABORTY PAN: AAJG2091M VS. I.T.O., WARD 34(4), KOLKATA APPELLANT RESPONDENT DATE OF HEARING 03.12.2019 DATE OF PRONOUNCEMENT 20.12.2018 FOR THE APPELLANT SHRI P.J. BHIDE, FCA, LD.AR FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT, LD. SR.DR ORDER PER SHRI A.T. VARKEY, JM THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT (A), 10, KOLKATA DATED 7 TH AUGUST, 2018 FOR THE ASSESSMENT YEAR 2015-16. 2. AT THE OUTSET ITSELF, SHRI P.J. BHIDE, FCA, LD.AR DREW OUR ATTENTION TO THE GROUNDS OF APPEAL PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(A) AND SUBMITTED THAT THE LD. CIT(A) HAS NOT ADJUDICATED THE SPECIFIC GROUND RAISED BY THE ASSESSEE. I.E, GROUND NO. 2 RAISED BEFORE THE LD. CIT(A) WHICH READS AS UNDER:- 2. THE LD. ASSESSING OFFICER HAS ERRED IN COMPUTIN G THE INCOME AT THE HIGHEST MARGINAL RATE U/S. 164(1) INCOME TAX ACT, 1 961 INSPITE OF KNOWING THE FACTS THAT THE CO-OWNERS ARE IDENTIFIED INDIVIDUALS . 3. ACCORDING TO THE LD. AR THE ASSESSEE IS AN ADVOCATE APPOINTED BY THE HONBLE HIGH COURT OF CALCUTTA AS A RECEIVER OF THE PROPERTY LE FT BY DECEASED/LATE BHUPATI NATH DUTTA. ACCORDING TO THE LD. AR, THE ASSESSEE HAS FILED THE R.O.I (RETURN OF INCOME) IN HIS CAPACITY AS REPRESENTATIVE ASSESSEE IN THE STATUS OF ARTIFICIA L JURIDICAL PERSON BEING THE RECEIVER OF THE PROPERTY OF LATE BHUPATI NATH DUTTA AND SINCE THE PROBATE PROCEEDINGS ARE GOING ON, THE ASSESSEES CASE HAS BEEN TAKEN FOR SCRUTINY BY AO A ND HAS ASSESSED THE INCOME, WHICH ACTION OF AO WAS CHALLENGED BY THE ASSESSEE BEFORE THE LD CIT(A) AND RAISED SPECIFIC GROUND NO. 2 2 I.T.A NO. 1746/KOL/2019 A.Y 2015-16 SRI GAUTAM CHAKRABORTY (SUPRA) AND SINCE THE LD. CIT(A) HAS NOT ADJUDICATE D THIS ISSUE, IT SHOULD GO BACK TO THE FILE OF THE LD. CIT(A). 4. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE RE CORD. WE NOTE THAT ASSESSEE IS AN ADVOCATE, WHO HAS BEEN APPOINTED BY THE HONBLE CAL CUTTA HIGH COURT AS A PARTITION COMMISSIONER CUM RECEIVER OF THE PROPERTIES/ESTAT E OF LATE BHUPATI NATH DUTTA. ACCORDING TO THE LD. AR, THE ASSESSEE HAS NO DISPUTE IN RESPE CT OF THE ASSESSMENT OF INCOME MADE BY THE AO. HOWEVER, THE ASSESSEE IS CONTESTING THAT THE AO HAS ERRED IN COMPUTING THE INCOME AT THE HIGHEST MARGINAL RATE U/S. 164(1) OF THE INCOME-TAX ACT, 1961 ( IN SHORT, THE ACT HEREINAFTER) DESPITE KNOWING THE FACT THAT THE BENEFICIARIES O F THE ESTATE AS WELL AS THEIR SHARES IN THE PROPERTY/ESTATE OF LATE BHUPATI NATH DUTTA ARE CLE ARLY IDENTIFIABLE. EXPLAINING THIS FURTHER THE LD. AR CONTENDED THAT THE WILL WHICH WAS LEFT BY LA TE BHUPATI NATH DUTTA SPECIFIES THE SHARES OF THE BENEFICIARIES OF THE DECEASEDS ESTATE AND THEREFORE, THE HIGHEST MARGINAL RATE SHOULD NOT HAVE BEEN IMPOSED UPON THE ASSESSED INCOME. TH EREFORE, ACCORDING TO LD. AR GROUND NO.2 RAISED BY THE ASSESSEE BEFORE THE LD. CIT(A) IS AN IMPORTANT GROUND, WHICH HAS NOT BEEN DECIDED BY HIM AND THEREFORE, NECESSARILY HAS TO BE ADJUDICATED BY HIM. I FIND THAT THE LD. CIT(A) HAS NOT ADJUDICATED THIS ISSUE. THEREFORE, I AM INCLINED TO SET ASIDE THE IMPUGNED ORDER OF THE LD. CIT(A) AND REMAND THE APPEAL BACK TO HIM FOR DENOVO ADJUDICATION OF ALL THE GROUNDS INCLUDING GROUND NO2 (SUPRA) AS RAISED BY T HE ASSESSEE. NEEDLESS TO SAY THAT ADEQUATE OPPORTUNITY SHOULD BE GRANTED TO THE ASSES SEE AND THE LD. CIT(A) SHOULD PASS A SPEAKING ORDER ON EACH GROUNDS RAISED BEFORE HIM. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 20TH DECEMBER, 2019 SD/- A.T. VARKEY JUD ICIAL MEMBER DA TED 20 -12-2019 PP(SR.P.S.) 3 I.T.A NO. 1746/KOL/2019 A.Y 2015-16 SRI GAUTAM CHAKRABORTY COPY OF THE ORDER FORWARDED TO: 1. APPELLANT/ASSESSEE: SRI GAUTAM CHAKRABORTY 9 OLD PO ST OFFICE STREET, KOLKATA- 700 001. 2 RESPONDENT/REVENUE: THE I.T.O., WARD 34(4), AAYKAR BHAWAN POORVA, 110 SHANTIPALLY, 7 TH FL., ROOM NO. 712, KOLKATA-700 107. 3. CIT, 4. CIT(A), KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE COPY BY BY ORDER ASSISTANT REGISTRAR ITAT KOLKATA