Rajeev Mishra, East Sikkim V. I.T.O.,Ward-3(1), Gangtok

ITA 1793/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5907 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 05-02-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 29-07-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA JCITSRDR
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1793/KOL/2019 ASSESSMENT YEAR:2011-12 RAJEEV MISHRA C/O RAJEEV ELECTRONICS (P) LTD., P.S. ROAD, BESIDE CENTRAL BANK OF INDIA, GANGTOK, EAST SIKKIM- 737102 [ PAN NO. AUKPM 3609 H ] / V/S . INCOME TAX OFFICER WARD-3(1), AAYAKAR BHAWAN, BHANGPATH, NR. WHITE MEMORIAL HALL, GANTOK, EAST SIKKIM-737101 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI RAJEEV KUMAR, ADVOCATE /BY RESPONDENT SHRI JAYANTA KHANRA, JCIT-SR-DR /DATE OF HEARING 05-02-2020 /DATE OF PRONOUNCEMENT 14-02-2020 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2011-12 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-SILIGURIS ORD ER DATED 20.05.2019 PASSED IN CASE NO.172/CIT(A)/SLG/2018-19, INVOLVING PROCEEDI NGS U/S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE PLEADE D IN THE INSTANT APPEAL READS AS UNDER:- THAT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITIO N OF RS.7,24,160/- MADE BY THE AO ESTIMATING THE INCOME @ 8% OF THE TURNOVER OF RS.1, 25,16,525/- AS AGAINST THE INCOME OF RS.2,77,162/- DECLARED BY THE ASSESSEE ON TOTAL TUR NOVER OF RS.34,14,023/-. THE ADDITION IS UNJUSTIFIED AND NEED TO BE DELETED . 3. LEARNED COUNSEL INVITES MY ATTENTION TO PAGE-2 P ARA-7 IN ASSESSMENT ORDER INDICATING THE ASSESSEE TO BE A DIRECTOR IN M/S RAJ EEV ELECTRONICS PVT. LTD., WHEREIN BOTH OF THEM HAVE RECOGNIZED THEIR RECEIPTS INDEPEN DENTLY. LEARNED COUNSEL THEREFORE ITA NO.1793/KOL/2019 A.Y.2011-12 RAJEEV MISHRA VS. ITO WD-3(1), GANGTOK PA GE 2 PLEADS THAT ALTHOUGH THE LOWER AUTHORITIES HAVE ASS ESSED THE AMOUNT OF ASSESSEE INVOLVING GROSS PROFIT ELEMENT @ 8%, POSSIBILITY OF DOUBLE ASSESSMENT OF THE VERY SALES INCOME COMPANYS HEADS CANNOT BE COMPLETELY R ULED OUT. LEARNED DEPARTMENTAL REPRESENTATIVE ON THE OTHER HAND STRONGLY SUPPORTED THE LOWER AUTHORITIES ACTION MAKING THE IMPUGNED ADDITION. HE FAILS TO DISPUTE T HAT THERE IS NO CLEAR DISCUSSION IN LOWER AUTHORITIES ORDERS THAT THE SALES IN THE HAN DS OF THE COMPANY HAVE NOT BEEN ASSESSED. I THEREFORE DEEM IT APPROPRIATE IN THESE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE TO RESTORE THE INSTANT ISSUE BACK TO THE A SSESSING OFFICER FOR AFRESH FACTUAL VERIFICATION AS PER LAW WITHIN THREE EFFECTIVE OPPO RTUNITIES OF HEARING. 4. IT IS MADE CLEAR THAT THE ASSESSEE HAS NOT PRESS ED HIS RELIEF CHALLENGING GROSS PROFIT ASSESSMENT @ 8%. THE SAME SHALL BE DULY CONS IDERED IN CONSEQUENTIAL PROCEEDINGS. 5. THIS ASSESSEES APPEAL IS PARTLY ALLOWED FOR STA TISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 14/02/2020 SD/- (S.S. GODARA) JUD ICIAL MEMBER KOLKATA, *DKP/SR.PS - 14/02/2020 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-RAJEEV MISHRA, C/O RAJEEV ELECTRONICS (P ) LTD., P.S. ROAD BESIDE CENTRAL BANK OF INDIA, GANGTOK, EAST SIKKIM-737102 2. /RESPONDENT-ITO WARD-3(1), AAYAKAR BHAWAN BHANEPATH , NR WHITE MEMORIAL HALL, GANGTOK, EAST SIKKIM-737101 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',