Sri Ajay Bhalotia, Kolkata V. I.T.O Wd - 30(2),kolkata., Kolkata

ITA 197/KOL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99970 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 29-01-2013
• Court: TRIBUNAL
• Department Lawyers: DAVID Z CHAWNGTHU CIT SR D
• Assessee Lawyers: N O N E
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI MAHAVIR SINGH, JM & SHRI WASEEM AHMED , AM] I.T.A NO. 197/KOL/2013 ASSESSMENT YEAR: 2008-09 SHRI AJAY BHALOTIA VS. INCOME-TAX OFFICER, WD-3 0(2), KOLKATA (PAN: ADAPB9686J) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 05.11.2015 DATE OF PRONOUNCEMENT: 10.11.2015 FOR THE APPELLANT: N O N E FOR THE RESPONDENT: SHRI DAVID Z. CHAWNGTHU, ADDL .CIT, SR. DR. ORDER PER SHRI MAHAVIR SINGH, JM: THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-XIV, KOLKATA IN APPEAL NO.195/CIT(A)-XIV/10-11 DATED 26.11.2012. ASSESSMEN T WAS FRAMED BY ITO, WARD- 30(2), KOLKATA U/S. 143(3) OF THE INCOME-TAX ACT, 1 961 (HEREINAFTER REFERRED TO AS THE ACT) FOR AY 2008-09 VIDE ITS ORDER DATED 22.11.20 10. 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGA INST THE ORDER OF CIT(A) CONFIRMING THE ACTION OF AO IN DISALLOWING SUNDRY CREDITORS OF RS.1,74,475/- BEING GOVERNMENT. FOR THIS, REVENUE HAS RAISED FOLLOWING GROUND NO.1: FOR THAT CONSIDERING THE FACTS AND CIRCUMSTANCES, THE LD. CIT(A) SHOULD NOT HAVE CONFIRMED THE DISALLOWANCE OF SUNDRY CREDITORS OF R S.1,74,475/- AND HE SHOULD HAVE DELETED THE SAID DISALLOWANCE. 3. WE HAVE HEARD LD. SR. DR AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. WE FIND THAT THE ASSESSEE HAS DISCLOSED SUNDRY CRED ITORS IN THE NAME OF MAHANADI COALFIELDS LTD. AT RS.1,74,475/-. AS THE ADDRESS G IVEN BY THE ASSESSEE IS INCORRECT, REVENUE COULD NOT SERVE NOTICE AND IN THE ABSENCE O F THE SAME, THE AO ADDED THE SUNDRY CREDITOR. THE CIT(A) ALSO CONFIRMED THE SAME ON EX ACTLY SAME REASONING. WE FIND THAT THE ASSESSEE NAMELY, MAHANADI COALFIELDS LTD. IS A GOVERNMENT CONCERN, IT IS NOT POSSIBLE THAT THIS CANNOT BE VERIFIED. ACCORDINGLY, WE SET ASIDE THIS ISSUE TO THE FILE OF THE AO AND DIRECT HIM TO VERIFY FROM THE CONCERNED MAHANADI CO ALFIELDS LTD. AND AFTER THAT DECIDE THE ISSUE. APPEAL OF ASSESSEE IS ALLOWED FOR STATISTIC AL PURPOSES. 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 5. ORDER IS PRONOUNCED IN THE OPEN COURT ON 10.11.2 015 SD/- SD/- (WASEEM AHMED) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 10TH NOVEMBER, 2015 JD. SR. P.S 2 ITA NO.197/K/2013 SHRI AJAY BHALOTIA AY 2008-09 COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT SHRI AJAY BHALOTIA, C/O R. B. SINGH, AD VOCATE, 11, CROOKED LANE, 1 ST FLOOR, KOLKATA-700069. 2 RESPONDENT ITO, WARD-30(2), KOLKATA. 3 . THE CIT(A), KOLKATA 4. 5. CIT KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .