Sajal Kumar Kundu, Kolkata V. I.T.O, Ward-37(2), KOLKATA, Kolkata

ITA 1948/KOL/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3203 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 18-06-2013
• Court: TRIBUNAL
• Assessee Lawyers: MANISH TIWARI
• Section: 40A(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: K OLKATA [BEFORE SHRI MAHAVIR SINGH, JM] I.T.A NO.1948/KOL/2013 ASSESSMENT YEAR: 2008-09 SAJAL KUMAR KUNDU VS. INCOME-TAX OFFICER, WD- 37(2), KOLKATA (PAN:AFTPK2044Q) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 04.02.2016 DATE OF PRONOUNCEMENT: 04.02.2016 FOR THE APPELLANT: SHRI MANISH TIWARI, FCA FOR THE RESPONDENT: SHRI SANJAY MUKHERJEE, JCIT, SR. DR ORDER THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-XXIV, KOLKATA VIDE APPEAL NO. 1089/CIT(A)-XXIV/W-37(2)/11-12 DATED 04.03.2013. AS SESSMENT WAS FRAMED BY ITO, WARD- 37(2), KOLKATA U/S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2008-09 VIDE HIS ORDER DATED 30.12. 2011. 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AG AINST THE ORDER OF CIT(A) CONFIRMING THE ACTION OF AO IN DISALLOWING THE PURCHASE MADE IN CA SH IN VIOLATION OF THE PROVISIONS OF SECTION 40A(3) OF THE ACT. 3. I HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. BOTH THE LD. COUNSEL FOR THE ASSESSEE AS WELL AS LD . SR. DR FAIRLY CONCEDED THAT THE CIT(A) HAS NOT PASSED A SPEAKING ORDER. FURTHER LD. COUNSEL F OR THE ASSESSEE STATED THAT THE PURCHASES MADE THROUGH CHEQUES WHICH HAVE NOT BEEN ACCEPTED BY AO. I HAVE GONE THROUGH THE ASSESSMENT ORDER AND THE ORDER OF CIT(A) AND FOUND THAT NONE O F THE AUTHORITIES BELOW HAVE CRYSTALLIZED THIS ISSUE OR DISCUSSED THE ISSUE AND RELEVANT FACT S. IN TERMS OF THE ABOVE, BOTH THE SIDES CONCEDED THAT THE ISSUE CAN BE REMITTED BACK TO THE FILE OF AO FOR FRESH CONSIDERATION. IN TERM OF THE ABOVE, I SET ASIDE THE ORDERS OF THE AUTHORITIE S BELOW AND RESTORE THE MATTER BACK TO THE FILE OF THE AO FOR FRESH ADJUDICATION. THE APPEAL OF ASSES SEE IS ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, APPEAL OF ASSESSEE IS PARTLY ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (MAHAVIR SINGH) ` JUDICIAL MEMBER DATED : 4TH FEBRUARY, 2016 JD. SR. P.S 2 ITA NO.1948/KOL/2013 SAJAL KUMAR KUNDU, AY 2008-09 2 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT SHRI SAJAL KUMAR KUNDU, PROP. OF M/S. K UNDU SERVICES, AE-535, SALT LAKE CITY, KOLKATA-700064. 2. RESPONDENT ITO, WD-37(2), KOLKATA. 3. CIT(A) , KOLKATA 4. CIT , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .