Akshay Jalan, Kolkata V. DCIT, Circle-32, Kolkata, Kolkata

ITA 1914/KOL/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6464 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 30-09-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: D C MONDAL JCIT LD
• Assessee Lawyers: SIDDHARTH AGARWAL LD
• Keywords: Corroborative evidences; Accommodation entries

Judgement Text

1 ITA NO.1914/KOL/2016 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA BEFORE: SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUD ICIAL MEMBER I.T.A NO. 1914/K OL/2016 A.Y: 200 8-09 AKSHAY JALAN VS. DCIT, CIR-32, KOLKATA PAN:AFBPJ3073J [APPELLANT] [RESP ONDENT] FOR THE APPELLANT : SHRI SIDDHARTH AGARWAL, AD VOCATE, LD.AR FOR THE RESPONDENT : SHRI D.C. MONDAL, JCIT, LD. SR.DR DATE OF HEARING : 11-01-2018 DATE OF PRONOUNCEMENT : 09-04-2018 ORDER SHRI S.S.VISWANETHRA RAVI, JM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), KOLKATA DT. 31-08-2016 FOR THE A.Y 2008-09. 2. THE LD.AR SUBMITS THAT THE ASSESSEE INTENDS NOT TO PRESS GROUND NOS. 1 & 2 RAISED IN THE APPEAL AND URGED TO DISMISS THE SAME. ACCORDINGLY, GROUND NOS. 1 & 2 ARE DISMISSED AS NOT PRESSED. 3. GROUND NO. 3 IS RELATING TO CONFIRMATION OF ADDI TION OF RS.3,28,190/- ON ACCOUNT OF ACCOMMODATION ENTRIES. 4. THE LD.AR SUBMITS THAT THE ASSESSEE MADE INVESTM ENTS, BUT NO EXPENDITURE WAS CLAIMED AND AS SUCH DISALLOWANCE MA DE ON THIS ISSUE IS NOT MAINTAINABLE AND URGED TO ALLOW GROUND NO. 3 RAISED BY THE ASSESSEE IN THE APPEAL. 5. ON THE OTHER HAND, THE LD.DR SUBMITS THAT NEITHE R ANY EXPLANATION NOR ANY SUPPORTING EVIDENCE IN RESPECT OF ACCOMMODATION ENTRIES WERE FILED BEFORE THE AO AND THE CIT-A. THE CIT-A HAS RIGHTLY CONFIRMED THE SAID ADDITION MADE BY THE AO. 2 ITA NO.1914/KOL/2016 6. HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE ASSESSEE FILED LEDGER ACCOUNT, PLACED AT PAGE-12 OF PAPER BOOK, WHICH SHOWS THAT THE ASSESSEE ISSUED A CHEQUE BEARING NO. 171849 AGAINST BILL NO. 134 TOWARDS PAYMENT OF 25.27 CARATS DIAMONDS IN FAVOUR OF MIHIR DIAMONDS. WE ALSO FIND A RETAIL INVOICE DT. 6-2-2008 PLACED AT PAGE 13 OF PAPER BOOK, INVOL VING BILL NO. 134 RAISED BY MIHIR DIAMONDS IN FAVOUR OF ASSESSEE FOR 25.27 CARATS FOR AN AMOUNT OF RS. 3,28,190/-. BOTH THE DOCUMENTS AT PAGES-12 & 13 OF PAPER BOOK, WHICH CLEARLY SHOWS THAT THE IMPUGNE D AMOUNT WAS PAID IN RESPECT OF PURCHASE OF DIAMONDS BY THE ASSE SSEE AND THE SAID AMOUNT PAID THROUGH CHEQUE DT. 28-03-08 OF CITI BAN K DRAWN AT PAGE: 14 OF THE PAPER BOOK IN FAVOUR OF M/S. MIHIR DIAMONDS. THE CIT-A HAVING THE SUPPORTING BILL, CHEQUE AND ENTR Y MADE IN THE BOOKS OF ACCOUNT BEFORE HIM DID NOT CONSIDER THE SA ME IN RIGHT PERSPECTIVE AND DISMISSED GROUND OF APPEAL FOR NOT PROVING THE SAME BEFORE THE AO, WHICH IS NOT PERMISSIBLE. IN VIEW OF ABOVE, THE ORDER OF THE CIT-A IN CONFIRMING THE SAME IS NOT JUSTIFIE D AND IT IS SET ASIDE. THEREFORE, GROUND NO. 3 RAISED BY THE ASSESS EE IS ALLOWED. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PA RTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 9- 04-2018 SD/- SD/- J. SUDHAKAR REDDY S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 9-0 4-2018 PP(SR.P.S.)COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT/ASSESSEE: SHRI AKSHAY JALAN, 26 SHAKESPEA RE SARANI, KOLKATA-17. 2 RESPONDENT /REVENUE :THE DCIT, CIR-32, 10 B MIDDLET ON STREET, KOLKATA-71. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, SR.PS, H.O.O,ITAT, KOLKATA 3 ITA NO.1914/KOL/2016