Swapan Kumar Majumdar, Kolkata V. ITO, Ward-36(2), Kolkata, Kolkata

ITA 1770/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9245 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Next Hearing Date: 23-02-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 09-09-2014
• Court: TRIBUNAL
• Assessee Lawyers: MANISH TIWARI F C A LD
• Keywords: Non compliance
• Section: 142(1); 68

Judgement Text

I T A NO. 1770/KOL/14 SWAPAN KR. M AJUMDAR 1 IN THE INCOME TAX APPELLATE TRIBUNAL,DBENCH, KOLKATA BEFORE: SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI DR. ARJUN LAL SAINI, ACCOUNTANT M EMBER ITA NO. 1770/KOL/2014 A.Y: 2009-10 SWAPAN KUMAR MAJUMDAR VS. INCOME TAX OFFICER PAN: AEUPM4964R WARD 36(2), KOLKATA (APPELLANT) (RESPONDENT) APPEARANCES BY : SHRI MANISH TIWARI, FCA, LD.AR FOR THE ASSESSEE SHRI RAJAT KUMAR KUREEL, JCIT, LD.DR FOR TH E REVENUE DATE OF HEARING : 23-02-2017 DATE OF PRONOUNCEMENT : 28-02-2017 O R D E R SHRI S.S. VISWANETHRA RAVI, JM :- THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DT : 09-06- 2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPE ALS), XX, KOLKATA FOR THE ASSESSMENT YEAR 2009-10. 2. THE ONLY ISSUE IS TO BE DECIDED AS TO WHETHER T HE CIT-A JUSTIFIED IN CONFIRMING THE IMPUGNED ADDITION OF RS . 18,00,000/- TOWARDS CASH DEPOSITS INTO BANK U/S. 68 OF THE ACT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. THE BRIEF FACTS OF THE ISSUE ARE THAT THE ASSESS EE BEING AN INDIVIDUAL FILED HIS RETURN OF INCOME ON 27-01-2010 DISCLOSING TOTAL INCOME AT RS.88,071/-. UNDER SCRUTINY, NOTICE S U/SEC. I T A NO. 1770/KOL/14 SWAPAN KR. M AJUMDAR 2 143(2) AND 142(1) OF THE ACT WERE ISSUED. IN RESPON SE TO WHICH, ACCORDING TO AO THAT NO COMPLIANCE WAS MADE BY THE ASSESSEE. AS PER AIR INFORMATION THE AO FOUND THAT THE ASSESSEE HAS MADE DEPOSIT OF A SUM OF RS. 18 LAKHS IN HIS BANK ACCOUNT MAINTAINED WITH AXIS BANK LTD DURING THE YE AR UNDER CONSIDERATION. IN VIEW OF SUCH NON COMPLIANCE TO TH E SAID NOTICES, THE AO ISSUED SHOW CAUSE FOR FIXING THE DA TE OF HEARING ON 26-12-2011 MENTIONING AS TO WHY THE DEPOSIT OF RS. 18 LAKHS MADE IN THE SAID BANK SHOULD NOT BE TREATED A S UNDISCLOSED INCOME/SOURCE OF ASSESSEE AND AS THERE WAS NO COMPLIANCE, THUS, HE ADDED THE SUM OF RS. 18 LAKHS TO THE TOTAL INCOME OF ASSESSEE AND UNDER BEST OF HIS JUDGMENT A N ORDER U/S. 144/143(3) OF THE ACT WAS PASSED AT RS.18,88,0 71/-. 4. THE ASSESSEE CHALLENGED THE SAME BEFORE THE CIT- A. BEFORE HIM THE ASSESSEE WAS GIVEN OPPORTUNITY OF HE ARING ON VARIOUS DATES, BUT THE ASSESSEE SOUGHT ADJOURNMENTS . THE ASSESSEE DID NOT SUBMIT/FILE ANY SUPPORTING EVIDENC ES TO REBUT THE ADDITION MADE BY THE AO. AS SUCH THERE WAS NO C OMPLIANCE ON BEHALF OF ASSESSEE, THE CIT-A CONFIRMED THE IMPU GNED ADDITION AS MADE BY THE AO BY OBSERVING THAT THE AS SESSEE FAILED TO EXPLAIN THE NATURE AND SOURCE OF THE CASH DEPOSITS. THEREFORE, HE WAS OF THE VIEW THAT THE AO WAS JUSTI FIED TO MAKE ADDITION U/S. 68 OF THE ACT. 5. BEFORE US THE LD.AR REFERS TO PAGE 20 OF THE PAP ER BOOK AND SUBMITS THAT THE ASSESSEE MADE DEPOSITS FROM 07 -04-2008 AND THEREAFTER ALSO WITHDREW THE AMOUNTS FROM SAID BANK ACCOUNT (AXIS BANK) AND ARGUED THAT SAID DEPOSITS W ERE MADE BY WITHDRAWING THE SAME FROM SAME ACCOUNT. THEREFOR E, THE I T A NO. 1770/KOL/14 SWAPAN KR. M AJUMDAR 3 SOURCE OF SUCH DEPOSITS ARE ONLY WITHDRAWALS FROM T HE SAID BANK ACCOUNT. IN SUPPORT OF THE CONTENTION, THE LD.AR OF THE ASSESSEE ALSO REFERRED TO PAGE 21 OF THE PAPER BOOK, WHICH I S CASH FLOW STATEMENT AS ON 31-08-08 AND ARGUED THAT THE DEPOSI TS MADE BY THE ASSESSEE IN HIS BANK ACCOUNT WERE FROM ADVA NCE RECEIVED CASH AGAINST ORDER SALE OF GOODS AND POINT ED OUT TO THE TRANSACTIONS MADE ON 15-04-08 AND 16-04-08 AND URGED TO REMAND THE ISSUE TO THE FILE OF THE AO FOR HIS CONS IDERATION. 6. ON THE OTHER HAND, THE LD. DR SUBMITS THAT THE A SSESSEE DID NOT OFFER ANY EXPLANATION/FILE ANY EVIDENCES IN RESPONSE TO SHOW CAUSE NOTICE AS ISSUED BY THE AO AND THE ASSES SEE ALSO DID NOT COMPLY OF NOTICES ISSUED U/S. 143(2) AND 1 42(1) OF THE ACT. HE ALSO POINTED OUT TO PARA 4 OF THE CIT-AS O RDER AND ARGUED THAT THE CIT-A HAS GIVEN MANY OPPORTUNITIES TO THE ASSESSEE TO SUBSTANTIATE HIS CLAIM AND TO REBUT HIS CONTENTION/ADDITION MADE U/S. 68 OF THE ACT. HOWEVE R, HE RELIED ON THE ORDERS OF THE AUTHORITIES BELOW. 7. HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE ASSESSEE DID NOT RESPON D/COMPLY TO THE STATUTORY NOTICES ISSUED U/S. 143(2) AND 142(1) OF THE ACT BEFORE THE AO AND ALSO DID NOT OFFER ANY EXPLANATIO N TO THE SHOW CAUSE NOTICE DATED 22-12-2011 ISSUED BY THE A O MENTIONING WHY THE DEPOSIT OF RS. 18 LAKHS IN THE B ANK ACCOUNT SHOULD NOT BE TREATED AS INCOME FROM UNDISCLOSED SO URCE AND TAXED TO THE TOTAL INCOME OF ASSESSEE. WE FIND THAT BEFORE THE CIT-A THE ASSESSEE DID NOT PROSECUTE HIS CASE PROPE RLY. BEFORE HIM ON EVERY DATE THE ASSESSEE SOUGHT ADJOURNMENTS. THEREFORE, IT IS CLEAR THAT BEFORE THE CIT-A THERE WAS NO PROPER I T A NO. 1770/KOL/14 SWAPAN KR. M AJUMDAR 4 REPRESENTATION BY THE ASSESSEE. WITH REGARD TO SUBM ISSIONS OF THE LD.AR OF ASSESSEE REFERRING PAGE 20 & 21 BEFORE US, WE FIND THAT THIS SUBMISSION WAS NOT BEFORE THE AUTHORITIES BELOW. IN SUCH CIRCUMSTANCES AND IN THE ABSENCE OF SUCH SUBMI SSIONS BEFORE THE AUTHORITIES BELOW, WE DEEM IT FIT AND P ROPER TO REMAND THE ISSUE TO THE AO FOR HIS VERIFICATION AND TO PASS AN ORDER TO THAT EFFECT AS PER LAW. THE ASSESSEE IS AL SO DIRECTED TO PRODUCE EVIDENCES, IF ANY, TO SUBSTANTIATE HIS CLAI M/CONTENTION. ACCORDINGLY, THE GROUND(S) OF THE ASSESSEE ARE ALLO WED FOR STATISTICAL PURPOSE AS INDICATED ABOVE. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 28 /02 /2017 DR. ARJUN LAL SAINI S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 28-0 2-2017 SD/- SD/- *PP/SPS: COPY OF THE ORDER FORWARDED TO: 1 . THE APPELLANT/ASSESSEE: SHRI SWAPAN KUMAR MAJUMDAR 161, NETAJI SUBHASH ROAD, KOLKATA-1. 2 THE RESPONDENT/DEPARTMENT: THE INCOME TAX OFFICER WARD 36(2), 110 SHANTI PALLY, EM BYE PASS, KOLKATA. 3 4. THE CIT(A) THE CIT 5 . DR, KOLKATA BENCH 6 . GUARD FILE . BY ORDER, ASSTT. REGISTRAR I T A NO. 1770/KOL/14 SWAPAN KR. M AJUMDAR 5