M/s. Darshan Consultants Pvt. Ltd., Kolkata V. P-7, Chowringhee Square, Kolkata

ITA 1947/KOL/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8468 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 31-08-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: M D SHAH
• Keywords: Accommodation entries
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENC H KOLKATA BEFORE SHRI A.T. VARKEY, JM & DR. A.L.SAINI, AM ./ ITA NO.1947/KOL/2017 ( / ASSESSMENT YEAR : 2012-13 M/S DARSHAN CONSULTANTS PVT. LTD. 53A, MIRZA GALIB STREET, 4 TH FLOOR, KOLKATA-700016. VS. ITO, WARD-8(2), KOLKATA AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 ./ ./PAN/GIR NO. : AADCD 8462 F ( /ASSESSEE ) .. ( / RESPONDENT ) /ASSESSEE BY : SHRI M. D. SHAH, AR /REVENUE BY : SHRI A.K. SINGH, CIT DR / DATE OF HEARING : 26/12/2018 !'# /DATE OF PRONOUNCEMENT : 31/12/2018 / O R D E R PER DR.ARJUN LAL SAINI, AM: THE CAPTIONED APPEAL FILED BY THE ASSESSEE PERTAINI NG TO ASSESSMENT YEAR 2012-13, IS DIRECTED AGAINST AN ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-16, KOLKATA (IN SHORT THE LD. CIT(A)] IN APPEAL NO. 830/CIT(A)-16/KOL/2015-16/W-8(2), WHICH IN TURN ARI SES OUT OF AN ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3) OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT) DATED 17.03.2015. ITA NO.1947/KOL/2017 M/S DARSHAN CONSULTANTS PVT. LTD. A.Y.2012-13 2 2. AT THE OUTSET THE LD .DR BROUGHT TO OUR KNOWLEDG E THAT A NEW DEVELOPMENT HAS TAKEN PLACE IN THE CASE OF ASSESSEE. AS PER THE LD. DR, AFTER THE ASSESSMENT WAS FRAMED AGAINST THE ASSESSEE, A SEARCH WAS CARRIED O UT ON 03.01.2018 WHEREIN THE STATEMENT OF DIRECTOR OF THIS ASSESSEE COMPANY WAS ALSO RECORDED U/S 132(4) OF THE ACT WHEREIN FOR QUESTION NO. 9 THE DIRECTOR HAS ACCEPTED THAT THE ASSESSEE COMPANY WHICH IS SEEN AT SERIAL NO. 6 OF THE TABLE GIVEN UNDER ANSWER TO QUESTION NO. 9 THAT IT WAS CONTROLLED AND MANAGED BY HIM AND THAT THE ASSESSEE COMPANY IS A PAPER / SHELL COMPANY FORMED WITH THE SOLE PURPO SE OF PROVIDING ACCOMMODATION ENTRIES IN THE FORM OF BOGUS SHARE PR EMIUM / BOGUS UNSECURED LOANS TO DIFFERENT BENEFICIARIES. IN THE LIGHT OF T HE AFORESAID DEVELOPMENT, IN THE INTEREST OF JUSTICE AND FAIR PLAY, THE ASSESSMENT M ADE, NEED TO BE FRAMED AFRESH. THE LD. A/R COULD NOT CONTROVERT THE FACT OF THE SE ARCH CONDUCTED ON THE ASSESSEE ON 03.01.2018 AND THE STATEMENT OF THE DIRECTOR OF THE ASSESSEE COMPANY AS RECORDED ABOVE. IN THE LIGHT OF THE AFORESAID NEW D EVELOPMENT, AND KEEPING IN MIND, THE SETTLED POSITION OF LAW THAT THE TAX HAS TO BE ASSESSED ON THE RIGHT PERSON, RIGHT INCOME AND IN THE RIGHT ASSESSMENT YE AR, WE SET ASIDE THE IMPUGNED ORDER AND REMIT THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER FOR DE NOVO ADJUDICATION IN THE LIGHT OF THE NEW DEVELOPMENT AF TER THE SEARCH WHICH HAPPENED ON 03.01.2018. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 / 12 /2018. SD/- (A.T. VARKEY) SD/- (DR. A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA ; $% DATED 31/ 12/2018 SB , SR.PS. ITA NO.1947/KOL/2017 M/S DARSHAN CONSULTANTS PVT. LTD. A.Y.2012-13 3 / COPY OF THE ORDER FORWARDED TO : ASSISTANT REGISTRAR I.T.A.T., KOLKATA BENCHES, KOLKATA 1. / THE ASSESSEE- M/S DARSHAN CONSULTANTS PVT. LTD. 2. / THE RESPONDENT.- ITO, WARD-8(2), KOLKATA. 3. ( ( ) / THE CIT(A), :KOLKATA. 4. ( / CIT 5. )* +, , ,# , / DR, ITAT, KOLKATA 6. + -. / GUARD FILE. ) //TRUE COPY// BY ORDER