Ranjan Basu , Kolkata V. ACIT, Circle - 62, , Kolkata

ITA 2014/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6267 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 20-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IMLIMERN JAMIR
• Keywords: Unexplained cash credit
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.2014/KOL/2018 ASSESSMENT YEAR:2014-15 RANJAN BASU C/O S.N. GHOSH & ASSOCIATES, ADVOCATES SEVEN BROTHERS LODGE, P.O. BUROSHIBTALA, P.S. CHINSURAH, DIST. HOOGHLY, PIN-712 105 [ PAN NO.ADXPB 7811 N ] / V/S . ACIT, CIRCLE-62, CENTRAL REVENUE BUILDING, BAMBOO VILLA, 169 A.J.C., BOSE ROAD, 9 TH FLOOR,KOLKATA-14 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI SOMNATH GHOSH, ADVOCATE /BY RESPONDENT SHRI IMLIMERN JAMIR, ADDL. CIT-DR /DATE OF HEARING 21-01-2019 /DATE OF PRONOUNCEMENT 25-01-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-19, KOLKATAS ORDER DATED 02.07.2018 PASSED IN CASE NO. CIT(A ,KOL-19/10155/2016-17, INVOLVING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. I NOTICE AT THE OUTSET THAT CIT(A)S ORDER UNDER CHALLENGE IN THE INSTANT APPEAL HAS CONFIRMED ASSESSING OFFICERS ACTION TREATING A DDITION OF AN AMOUNT OF 6,06,281/- TO BE UNEXPLAINED CASH CREDITS IN ASSESS MENT ORDER DATED 30.12.2016. IT TRANSPIRES DURING THE COURSE OF HEARING THAT CIT(A) HAS FIRST OF ALL MARKED PRESENCE OF ITA NO.2014/KOL/2018 A.Y. 2014-15 RANJANA BASU VS. ACIT, CIR-12, KOL. PAGE 2 ASSESSEES COUNSEL AND THEN DISMISSED THE LOWER APP EAL FOR NON PROSECUTION. HE HOLDS IN HIS LOWER APPELLATE ORDER THAT THE ASSESSEE HAD AVAILED MANY OPPORTUNITIES. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THAT T HE CIT(A) HAS NOT ADJUDICATED UPON MERITS OF THE ISSUE IN PARA-4 WHEREAS HE HAS CONFI RMED THE IMPUGNED ADDITION SIMPLY BY OBSERVING THAT THE TAXPAYER HAS FAILED TO DEFEND ANY OF THE GROUNDS PLEADED. SEC. 250(6) OF THE ACT ENVISAGES POINTS OF DETERMINATION TO BE FOLLOWED BY A DETAILED ADJUDICATION IN THE CIT(A)S ORDER WHICH HAS NOT BE EN COMPLIED WITHIN THE LOWER APPELLATE PROCEEDINGS. I THEREFORE RESTORE THE INST ANT APPEAL BACK TO THE CIT(A) FOR AFRESH ADJUDICATION ON MERITS AFTER AFFORDING THREE EFFECTIVE OPPORTUNITIES OF HEARING. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE CIT(A ) ON 24.04.2019. 3. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTIC AL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN OPEN COURT ON 25/01/2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS - 25/01/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-RANJAN BASU, C/O S.N.GHOSH & ASSOCIATES, ADVOCATES SEVEN BROT HERS LODGE, P.O. BUROSHIBTALA, P.S. CHINSURAH, DIS T. HOOGHLY, P IIN-712 105 2. /RESPONDENT-ACIT, CIR-62, CENTRAL REVENUE BUILDING, BAMBOO VILLA, 169 A.J.C. BOSE R OAD, 9 TH FLOOR, KOLKATA-14 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ',