The V.P.Stores, Kolkata V. I.T.O.,Ward-33(3), Kolkata

ITA 199/KOL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2403 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 05-02-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: PRAVASH ROY J
• Assessee Lawyers: MANOJ TIWARI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.199/KOL/2019 ASSESSMENT YEAR:2015-16 THE V.P. STORES 15, EFG, LINDSAY STREET, KOLKATA-700 087 [ PAN NO.AABFT 9346 B ] / V/S . INCOME TAX OFFICER, WARD-33(3), 10B, MIDDLETON ROW, 3 RD FLOOR, KOLKATA-71 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI MANOJ TIWARI, FCA /BY RESPONDENT SHRI PRAVASH ROY, JCIT-DR /DATE OF HEARING 17-06-2019 /DATE OF PRONOUNCEMENT 21-06-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2015-16 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-09, KOLKATAS ORDER DATED 19.11.2018 PASSED IN CASE NO.127/CIT(A)-9/WD-33(3)/2017-18/KOL, INVO LVING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SECOND SUBSTANTIVE GROUND SEEKS T O REVERSE BOTH THE LOWER AUTHORITIES ACTION MAKING SEC. 41(1) ADDITION OF CE SSATION OF LIABILITIES INVOLVING S/SH SUNIT SAHA, SHRI SHANKAR MANNA, SMT. MINAKSHI SAHA AND SHRI TUSHAR SAHA INVOLVING SUMS OF 2 LAC, 2.35 LAC, 2 LAC AND 8.65 LAC; RESPECTIVELY. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THAT THE ASSESSEE H AS FILED CONFIRMATION FROM ALL THE SAID PARTIES BEFORE THE ASSESSING OFFICER. AND ALSO THAT THE SAID SUMS HAVE BEEN OUTSTANDING FOR THE PAST VERY MANY ASSESSMENT YEARS WHICH HAVE NOWHERE BEEN WRITTEN OFF IN THE BOOKS OF ACCOUNT PERTAINING TO THE IMPUG NED ASSESSMENT YEAR. BOTH THE PAGE 2 LOWER AUTHORITIES HAVE MADE THE IMPUGNED ADDITION S OLELY FOR THE REASON THAT THE LIABILITIES HAVE BEEN CONTINUING FOR A VERY LONG PE RIOD OF TIME. I FIND NO REASON TO SUSTAIN THE IMPUGNED ADDITION AS HON'BLE GUJARAT HI GH COURTS DECISION IN NITIN S GARGS CASE IN (2012) 22 TAXMANN.COM 59 (GUJ) MAKES IT CL EAR THAT THE IMPUGNED STATUTORY PROVISION DOES NOT COME INTO PLAY MERELY BECAUSE THE AMOUNTS IN ISSUE ARE OUTSTANDING FOR A LONG TIME. I ACCORDINGLY DELETE T HE IMPUGNED ADDITION FOR THIS REASON ALONE. 3. LEARNED COUNSEL REPRESENTING ASSESSEE DOES NOT P RESS FOR ASSESSEES LATTER SUBSTANTIVE GROUND CHALLENGING CORRECTNESS OF MISCE LLANEOUS EXPENSES CLAIMED DECLINED @ 10% COMING TO 11,183/- ON ACCOUNT OF SMALLNESS OF THE AMOUNT INVO LVED. THIS LATTER SUBSTANTIVE GROUND FAILS THEREFORE IN F OREGOING TERMS. 4. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN OPEN COURT ON 21/06/2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS - 21/06/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-THE V.P.STORES, 15, EFG, LINDSAY STREET, KOLKATA-87 2. /RESPONDENT-ITO WARD-33(3), 10B, MIDDLETON ROW, 3 RD FLOOR,KOLKATA-71 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',