Kanchan Tree Plantation Pvt. Ltd., Kolkata V. JCIT, Range-2, Kolkata, Kolkata

ITA 1773/KOL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1183 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 01-08-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: P K
• Assessee Lawyers: H V BHARADWAJ F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (SMC) BENCH, KOLKATA BEFORE SR I J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER I.T.A. NO. 1773/KOL/2017 ASSESSMENT YEAR: 2011-12 KANCHAN TREE PLANTATION PRIVATE LTD.. ..APPELLANT BERLIA RICE MILL COMPOUND 2 ND MILE SEVOKE ROAD SILIGURI-734001 [PAN : AABCK 9031 D JOINT COMMISSIONER OF INCOME TAX, RANGE-2, KOLKATA .RESPONDENT AAYKAR BHAWAN P-7, CHOWRINGHEE SQUARE KOLKATA-700 069 APPEARANCES BY: SHRI H.V. BHARADWAJ, F.C.A. APPEARED ON BEHALF OF TH E ASSESSEE. SHRI P.K., ADDL. CIT, SR. DR, APPEARING ON BEHALF O F THE REVENUE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 14, 2017 DATE OF PRONOUNCING THE ORDER : OCTOBER 31, 2 017 O R D E R PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AG AINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-I, KOL KATA (HEREINAFTER THE LD. CIT(A)), DT. 20/06/2017, PASSED U/S. 250 OF TH E INCOME TAX ACT, 1961 (HEREINAFTER THE ACT), RELATING TO ASSESSMENT YEA R 2011-12, ON THE FOLLOWING GROUNDS:- 1. THE ORDER OF THE LEARNED CIT(A)-1 CONFIRMING TH E DISALLOWANCE OF BONUS OF RS.8,95,000/- IS BAD IN LAW AND FACTS. 2 I.T.A. NO. 1773/KOL/2017 ASSESSMENT YEAR: 2011-12 KANCHAN TREE PLANTATION PRIVATELTD 2. AFTER HEARING RIVAL CONTENTIONS, I AM OF THE OPI NION THAT THE ISSUE IN QUESTION SHOULD BE RESTORED TO THE FILE OF THE ASSE SSING OFFICER FOR VERIFYING WHETHER THE BONUS AMOUNT WAS PAID ON OR BEFORE THE DUE DATE OF FILING OF THE RETURN BY THE ASSESSEE. IF THE AMOUNT IS PAID O N OR BEFORE THE DUE DATE OF FILING OF RETURN, THE ADDITION IN QUESTION CANNO T BE RAISED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. KOLKATA, THE 31 ST DAY OF OCTOBER, 2017. SD/- [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 31.10.2017 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. KANCHAN TREE PLANTATION PRIVATE LTD BERLIA RICE MILL COMPOUND 2 ND MILE SEVOKE ROAD SILIGURI-734001 2. JOINT COMMISSIONER OF INCOME TAX, RANGE-2, KOLKATA AAYKAR BHAWAN P-7, CHOWRINGHEE SQUARE KOLKATA-700 069 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES