Calson Electricals , Kolkata V. ITO, Ward - 28(4), , Kolkata

ITA 1991/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1434 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 17-09-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Assessee Lawyers: S CHAKRABORTY
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM] I.T.A NO. 1991/KOL/20 18 ASSESSMENT YEAR : 2008-0 9 CALSON ELECTRICALS VS- ITO, WARD-28(4), KOLKATA [PAN: AACFC 0035 B] (APPELLANT) ( RESPONDENT) FOR THE APPELLANT : SHRI S. CHAK RABORTY, ADVOCATE FOR THE RESPONDENT : SHRI C.J. SINGH, JC IT, SR. DR DATE OF HEARING : 04.03.2019 DATE OF PRONOUNCEMENT : 22.03.2019 ORDER 1. THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2008- 09 IS DIRECTED AGAINST THE CIT(A)- 13, KOLKATAS ORDER DATED 18/05/2018 PASSED IN CAS E NO. 260/CIT(A)-5/WD- 28(4)/KOL/2018-19 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE ASSESSEES GRIEVANCE PLEADED IN THE INSTANT APPEAL SEEKS TO REVERSE BOTH THE LOWER AUTH ORITIES ACTION ADDING GROSS PROFIT OF RS. 29,79,107/- REDUCED BY EXPENSES COMING TO RS. 1 6,35,160/- RESULTING IN NET INCOME OF RS. 13,43,947/-. THE ASSESSEES PLEA IS QUA RE JECTION OF BOOKS AND STOCK ADDITION AND COMPUTATION OF TOTAL INCOME AMOUNTING TO RS. 12.70, 405/-. LEARNED COUNSELS ARGUMENT DURING THE COURSE OF HEARING IS THAT THE CIT(A) HA S SOUGHT FOR A REMAND REPORT FROM THE ASSESSING OFFICER WHO IN TURN ISSUED A LETTER DATED 03.04.2014. COPY OF THIS LETTER ASKING THE ASSESSEE TO FILE ORIGINAL STOCK REGISTER AND STOCK STATEMENT ALONG WITH CLOSING 2 ITA NO.1991/KOL/2018 CALSON ELECTRICALS A.YR. 2008-09 2 STOCK VALUATION DETAILS IS PLACED ON RECORD. MR. SI NGH FAILS TO DISPUTE THE CLINCHING FACT THAT THERE IS NO DISCUSSION IN THE CIT(A)S FINDING ABOUT THE SAID REMAND PROCEEDINGS. LEARNED COUNSELS CASE ON THE OTHER HAND BEFORE ME IS THAT THE ASSESSING OFFICERS REMAND REPORT HAD DULY AGREED WITH THE ASSESSEES C ASE. I DEEM IT APPROPRIATE IN THESE PECULIAR FACTS AND CIRCUMSTANCES THAT THE CIT(A) NE EDS TO RE-EXAMINE THE ENTIRE ISSUE AFRESH AS PER LAW AFTER AFFORDING THREE EFFECTIVE OPPORTUNITIES OF HEARING TO THE TAXPAYER. I MAKE IT CLEAR THAT IN CASE THE REMAND REPORT IS F OUND TO HAVE ACCEPTED THE ASSESSEES SUBMISSION ON MERITS, THE IMPUGNED ADDITION SHALL S TAND DELETED. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTIC AL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE COURT ON 22.03.2019 SD/- [ S.S.GODARA ] JUDICIAL MEMBER DATED : 22.03.2019 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. CALSON ELECTRICALS, 23, CHANDITALA MAIN ROAD, KO LKATA-700053. 2. ITO, WARD-28(4), KOLKATA. 3..C.I.T(A).- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASS ISTANT REGISTRAR ITAT, KOLKATA BENCHES