M/s Empire Automobiles, South 24 Parganas V. I.T.O.Wd- 53(1),Kol., Kolkata

ITA 1772/KOL/2012

• Counselvise Citation: 177223514 RSA 2012
• Duration Of Justice: 1 year(s) 10 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-10-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 03-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DAVID Z CHOWNGTHU ACIT
• Assessee Lawyers: SOUMITRA CHOW DHURY
• Keywords: Bogus purchase; Corroborative evidences

Judgement Text

I.T.A. NO.: 1772/KOL./2012 AS SESSMENT YEAR : 2008-09 PAGE 1 TO 3 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA CORAM : SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI SHAMIM YAHYA (A CCOUNTANT MEMBER) I.T.A. NO.: 1772/KOL./ 2012 ASSESSMENT YEAR : 2008-2009 M/S. EMPIRE AUTOMOBILES,...........,............. ..APPELLANT BAKRAHAT (KHASITIKA), 24-PARGANAS (SOUTH) PIN CODE NO. 743 377 [PAN : AABFE 6402 B] -VS.- INCOME TAX OFFICER,................................ ...............RESPONDENT WARD-53(1), KOLKATA, AAYAKAR BHAWAN DAKSHIN, 2, GARIAHAT ROAD, KOLKATA-700 031 APPEARANCES BY: SHRI SOUMITRA CHOWDHURY, A.R., FOR THE ASSESSEE SHRI DAVID Z. CHOWNGTHU, ACIT, FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : OCTOBER 24, 2014 DATE OF PRONOUNCING THE ORDER : OCTOBER 29, 2014 O R D E R PER SHAMIM YAHYA: 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXXIII, KOLKAT A DATED 23.07.2012 FOR THE ASSESSMENT YEAR 2008-09. 2. GROUNDS OF APPEAL READ AS UNDER :- (1) FOR THAT THE LD. COMMISSIONER OF INCOME TAX (AP PEALS) ERRED BOTH IN LAW AND IN FACT BY CONFIRMING THE ADD ITIONS MADE BY THE LD. ASSESSING OFFICER IN TOTO WITHOUT ANY VA LID REASON OR BASIS. (2) FOR THAT THE LD. CIT(APPEALS) ERRED BOTH IN LAW AND IN FACT BY CONFIRMING THE ADDITION OF RS.46,35,316/- ADDED BY THE LD. A.O. ON ACCOUNT OF BOGUS PURCHASE WITHOUT APPRECIAT ING THE FACTS OF THE CASE. I.T.A. NO.: 1772/KOL./2012 AS SESSMENT YEAR : 2008-09 PAGE 1 TO 3 2 (3) FOR THAT THE LD. CIT(APPEALS) ERRED BOTH IN LAW AND IN FACT BY CONFIRMING THE ADDITION MADE BY THE LD. AO ON AC COUNT OF UNSECURED LOAN OF RS.9 LAKHS AS ADDED BY THE LD. A. O. ON WRONG PRESUMPTION WHICH IS BAD IN LAW. (4) FOR THAT THE ORDER PASSED BY THE LD. CIT(APPEAL S) IS ARBITRARY, VOID AB INITIO AND BAD IN LAW. 3. IN THIS CASE, THE ASSESSING OFFICER MADE THE FOL LOWING ADDITIONS:- (I) PROVISION FOR INCOME-TAX..........RS.8,480/- (II) PRELIMINARY EXPENSES...............RS.4,813/- (III) BOGUS PURCHASES...............RS.46,35,316/- (IV) UNSECURED LOAN..................RS. 9,00,000/- OUT OF THE ABOVE, THE ADDITION ON ACCOUNT OF BOGUS PURCHASES AND UNSECURED LOAN WAS MADE BY THE ASSESSING OFFICER ON THE GROUND THAT DESPITE ENQUIRY THE ASSESSEE FAILED TO PRODUCE PROP ER EXPLANATION AND SUPPORTING DOCUMENTS. 4. UPON ASSESSEES APPEAL, LD. CIT(APPEALS) CONFIRM ED THE ABOVE ADDITIONS ON THE SAME GROUND THAT SUPPORTING DOCUME NTS WERE NOT PRODUCED EVEN BEFORE HIM. AGAINST THE ABOVE ORDER, ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 5. WE HAVE HEARD BOTH THE LD. COUNSELS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. LD. COUNSEL OF THE ASSESSEE PL EADED THAT THE ABOVE ADDITION HAS BEEN MADE ON ACCOUNT OF THE FACT THAT THE ASSESSEE HAS NOT PRODUCED NECESSARY SUPPORTING DOCUMENTS. IN THIS RE GARD, LD. COUNSEL POINTED OUT THAT THE ASSESSEE HAD SUBMITTED THAT TH E BOOKS OF ACCOUNT WERE LOST IN TRANSIT AND A DIARY COMPLAIN WAS LODGE D IN THE POLICE AUTHORITIES IN THIS REGARD. LD. COUNSEL PLEADED THA T NOW THE ASSESSEE HAS BEEN ABLE TO RETRIEVE SOME OF THE DOCUMENTS AND REC ORDS. LD. COUNSEL PLEADED THAT SINCE THESE DOCUMENTS WERE NOT PRODUCE D BEFORE THE I.T.A. NO.: 1772/KOL./2012 AS SESSMENT YEAR : 2008-09 PAGE 1 TO 3 3 AUTHORITIES BELOW, THE ISSUE MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION. 6. LD. D.R. FAIRLY ACCEPTED THIS PROPOSITION. ACCOR DINGLY UPON CAREFUL CONSIDERATION WE REMIT THIS ISSUE TO THE FILE OF TH E ASSESSING OFFICER. ASSESSING OFFICER IS DIRECTED TO CONSIDER THE ISSUE S AFRESH IN THE LIGHT OF FRESH DOCUMENTS AND SUPPORTING EVIDENCES BEING FURN ISHED BY THE ASSESSEE. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH DAY OF OCTOBER, 2014. SD/- SD/- MAHAVIR SINGH SHAMIM YAHYA (JUDICIAL MEMBER) (ACC OUNTANT MEMBER) KOLKATA, THE 29 TH DAY OF OCTOBER, 2014 COPIES TO : (1) M/S. EMPIRE AUTOMOBILES, BAKRAHAT (KHASITIKA), 24-PARGANAS (SOUTH) PIN CODE NO. 743 377 (2) INCOME TAX OFFICER, WARD-53(1), KOLKATA, AAYAKAR BHAWAN DAKSHIN, 2, GARIAHAT ROAD, KOLKATA-700 031 (3) CIT (4) CIT(A) (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.