D.C.I.T.,CC-4(1), Kolkata V. M/s Dhanvirdhi Tie-up Private Limited , Kolkata

ITA 1809/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9226 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-07-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM BILASH MEENA
• Keywords: Unexplained cash credit
• Section: 143(3); 147; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A, BENC H KOLKATA BEFORE SHRI S.S.GODARA, JM & DR. A.L.SAINI, AM ITA NO.1809/KOL/2019 (A.Y: 2008-09) DCIT, CC-4(1), KOLKATA VS. M/S DHANVIRDHI TIE UP PVT. LTD. SETHIA HOUSE, 23/24, RADHA BAZAR STREET, 1 ST FLOOR, KOLKATA-700001 ./ ./PAN/GIR NO. : AACCD 3010 G ( /APPELLANT ) .. ( / RESPONDENT ) APPELLANT BY :SHRI RAM BILASH MEENA, CIT (SR. D R) RESPONDENT BY : NONE / DATE OF HEARING : 09/07/2020 /DATE OF PRONOUNCEMENT: 12/08/2020 / O R D E R PER SHRI S.S. GODARA, JM: THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2008-09 IS DIRECTED AGAINST THE CIT(A)-1, KOLKATAS ORDER DATED 02/04/2019 IN APPEA L NO. 10576/CIT(A)- 1/KOL/WARD-1(4)/2016-17 INVOLVING PROCEEDINGS U/S 147 / 143(3) OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT). CASE CALLED TWICE. NONE APPEARED AT THE ASSESSEE S BEHEST. IT IS ACCORDINGLY PROCEEDED AS EX PARTE. 2. THE LEARNED CIT DR VEHEMENTLY CONTENDS DURING T HE COURSE OF HEARING THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELET ING SECTION 68 ADDITION OF UNEXPLAINED CASH CREDITS TO THE TUNE OF RS. 6,09,00 ,000/- MADE IN THE COURSE OF ASSESSMENT FRAMED ON 21.03.2016. WE FIND NO MERIT I N THE REVENUES INSTANT ARGUMENT. WE NOTICE DURING THE COURSE OF HEARING TH AT THE LD. CIT(A) FINDINGS IN PARAS 8 TO 12 PAGES 3 TO 5 HAVE GONE BY ASSESSING O FFICERS REMAND REPORT DATED 05.03.2019 MAKING IT CLEAR THAT NO CORRESPONDING CR EDIT SUM HAD COME FROM M/S LILY MERCHANTS PVT. LTD. AS FOLLOWS: 3. THIS CLINCHING THEREFORE CONFIRM THE LD. CIT(A)S FOR THIS APPEAL IS DECLINED. 4 . THIS REVENUES APPEAL IS DISMISSED IN ABOVE TERM S. ORDER PRONOUNCED IN THE COURT ON SD/- (A.L.SAINI) / ACCOUNTANT MEMBER / DATE: 12/08 /2020 ( SB, SR.PS ) M/S DHANVIRDHI TIE UP PVT. LTD. ITA NO. 2 THIS CLINCHING FACT HAS GONE UNRESULTED FROM THE R THEREFORE CONFIRM THE LD. CIT(A)S FOR THIS SOLE REASON. THE REVENUES INSTANT . THIS REVENUES APPEAL IS DISMISSED IN ABOVE TERM S. ORDER PRONOUNCED IN THE COURT ON 12.08 .2020 (A.L.SAINI) SD/- (S.S.GODARA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER /2020 M/S DHANVIRDHI TIE UP PVT. LTD. . ITA NO. 1809/KOL/2019 A.Y: 2008-09 R EVENUES SIDE. WE REASON. THE REVENUES INSTANT .2020 (S.S.GODARA) / JUDICIAL MEMBER M/S DHANVIRDHI TIE UP PVT. LTD.. ITA NO.1809/KOL/2019 A.Y: 2008-09 3 COPY OF THE ORDER FORWARDED TO: 1. DCIT, CC-4(1), KOLKATA 2. DHANVIRDHI TIE UP PVT. LTD. 3. C.I.T(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATABENCHES, KOLKATA. 6. GUARD FILE. TRUE COPY BY ORDER ASSIST ANT REGISTRAR ITAT, KOLKA TA BENCHES