ACIT, Circle - 32, Kolkata, Kolkata V. Swapan Kumar Saha, Kolkata

ITA 2013/KOL/2010

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 78297 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2014
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 08-11-2010
• Court: TRIBUNAL
• Department Lawyers: P K CHAKRABORTYJCIT LD
• Assessee Lawyers: RAVI TULSIYAN FCA LD A
• Keywords: Transfer pricing; International transaction; Tax effect
• Section: 143(3)

Judgement Text

ITA NO. 2013/KOL/2010- SWAPAN KUMAR SAHA-C-JM 1 , IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH: KO LKATA () , . #, BEFORE HONBLE SRI MAHAVIR SINGH, JM & HONBLE SRI ABRAHAM.P GEORGE, AM & I.T.A NO. 2013/KOL/2010 / ASSESSMENT YEAR : 2006-05 A.C.I.T, CIRCLE-32, KOLKATA VS. SWAPAN KU MAR SAHA PAN: ALEPS 2880B (, /APPELLANT ) (-.,/ RESPONDENT ) , / FOR THE APPELLANT/ DEPARTMENT : / SHRI P.K CHAKRABORTY,,JCIT, LD.SR.DR -., / FOR THE RESPONDENT/ ASSESSEE: / SHRI RAVI TULSIYAN, FCA, LD.AR 2 3 /DATE OF HEARING: 22-04-2014 2 3 /DATE OF PRONOUNCEMENT: 22-04-2014 / ORDER , SHRI MAHAVIR SINGH, JUDICIAL MEMBER: THIS APPEAL BY REVENUE IS ARISING OUT OF ORDER OF CIT(A), KOLKATA IN APPEAL NO. 288/CIT(A)-XIX/ACIT, CIRCLE-32/KOL/08-09 DATED 10-0 8-2010. ASSESSMENT WAS FRAMED BY A.C.I.T, CIRCLE-32, KOLKATA FOR THE ASSE SSMENT YEAR 2006-07 U/S 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO A S THE ACT) VIDE HIS ORDER DATED 30- 12-2008- 2. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE HAS STATED THAT TAX EFFECT IN THIS APPEAL OF REVENUE IS BELOW RS. 3 LAKHS AND PRECISEL Y HE FILED COMPUTATION OF TAX EFFECT, WHICH READS AS UNDER:- SWAPAN KUMAR SAHA PAN ALEPS28808 ASSESSMENT YEAR 2006-07 PARTICULARS AS PER ORDER U/S. 143(3) DATED 30-12-08 AFTER DEDUCTING ADDITION OF INTERNATIONAL TRANSACTION AND CARD ACCOUNT ASSESSED INCOME OR SAY 2,568,000 1,800,342 2,568,000 1,800,340 ITA NO. 2013/KOL/2010- SWAPAN KUMAR SAHA-C-JM 2 TAX PAYABLE ADD: SURCHARGE @ 10% ADD: EDUCATION CESS@2% DIFFERENCE 720,400 72,040 792,440 15,849 808,289 490,102 49,010 5,39,112 10,782 549,894 258,394 3. THE LD. COUNSEL FOR THE ASSESSEE HAS REFERRED T O FOLLOWING TWO GROUNDS RAISED BY THE REVENUE :- 1. THAT THE LD. CIT(A) HAS FAILED TO APPRECIATE THAT, IN THE ABSENCE OF DETAILS OF EXPENDITURE, THE PAYMENT OF RS.4,31,360/- BY THE EMPLOYER TO THE ASSESSEES CARD ACCOUNT REPRESENT S A PERQUISITE OVER AND IN ADDITION TO SALARY PAID, AND IS THEREFORE TA XABLE IN THE ASSESSEES HAND. 2. THAT THE LD. CIT(A) HAS ADMITTED FRESH EVIDENCE OF PAYMENT OF RS.3,36,298/- IN VIOLATION OF RULE 46A OF THE IT RU LES, 1962. 4. THE LD. COUNSEL FOR THE ASSESSEE HAS ALSO STATED THAT THIS IS COVERED BY THE BOARD CIRCULAR NO.3/2011 DATED 9.2.2011. ON QUERY FROM TH E BENCH, THE LEARNED SR.DR COULD NOT POINT OUT WHETHER THIS CASE IS COVERED BY ANY OF THE EXCEPTIONS PROVIDED IN THE ABOVE TAX EFFECT CBDT CIRCULAR. HE COULD NOT POIN T OUT ANY EXCEPTION. IN SUCH CIRCUMSTANCES, THIS BEING A LOW TAX EFFECT CASE, W E DISMISS THE APPEAL OF REVENUE. 5. IN THE RESULT, ABOVE REVENUES APPEAL IS DISMISS ED. 6 3 ORDER PRONOUNCED IN THE OPEN COURT ON 22-04-2014 SD/- SD/- [ . #, ] [ , ] ABRAHAM.P. GEORGE, ACCOUNTANT MEMBER MAHAVIR SINGH, JUDICIAL MEMBER (3) DATED :22 ND APRIL 2014 *PP 9: ; /SR.P.S. 2 -= >=@ COPY OF THE ORDER FORWARDED TO: 1 . , /APPELLANT- ACIT, CIRCLE-32, 10 B MIDDLETON ROW, 2 ND FL., KOL-71. 2 -., / RESPONDENT : SHRI SWAPAN KUMAR SAHA 9/1 LOWER ROW DON ST, ITA NO. 2013/KOL/2010- SWAPAN KUMAR SAHA-C-JM 3 KOL-16. 3 . / THE CIT, 4 . ( )/ THE CIT(A), KOLKATA 5 . - / DR, KOLKATA BENCHES, KOLKATA .= -/ TRUE COPY , / BY ORDER , /ASSTT. REGISTRAR