Sisir Kumar Adhikari , Hooghly V. ITO, Ward - 23(2), , Hooghly

ITA 2026/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5706 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 24-09-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S VANKATRAMANI ACITSRDR
• Assessee Lawyers: SARNATH GHOSH
• Keywords: Wrong claim
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.2026/KOL/2018 ASSESSMENT YEAR:2014-15 SISIR KUMAR ADHIKARI C/O SHRI SARNATH GHOSH, ADVOCATE, SEVEN BROTHERS LODGE, P.O. BUROSHIBTALA, P.S. CHINSURAH, DIST. HOOGHLY, PIN-712 105 [ PAN NO.AAWFS 4214 Q ] / V/S . INCOME TAX OFFICER, WRARD-23(2), AAYAKAR BHAWAN, KHADINAMORE, G.T. ROAD, CHINSURH, HOOGHLY /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI SARNATH GHOSH, ADVOCATE /BY RESPONDENT SHRI S. VANKATRAMANI ACIT-SR-DR /DATE OF HEARING 22-01-2019 /DATE OF PRONOUNCEMENT 31-01-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-6, KOLKATAS O RDER DATED 09.07.2017 PASSED IN CASE NO. CIT(A), KOLKATA-6/10316/2016-17 INVOLVING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES FIRST SUBSTANTIVE GRIEVANCE SEEKS TO REVERSE BOTH THE LOWER AUTHORITIES FINDINGS ADDING CREDIT AMOUNT OF 15 LAC IN THE COURSE OF ASSESSMENT AS AFFIRMED IN LOWER APPELLATE PROCEEDINGS. BOTH THE L OWER AUTHORITIES HAVE ADDED THIS DIFFERENTIAL AMOUNT OF 5 LAC TO BE OUTSTANDING IN THE NAME OF M/S CORAMAND AL INTERNATIONAL LTD. I MAKE IT CLEAR AT THE OUTSET TH AT FROM THE ASSESSEE HAS NOT DISPUTED THE FORMER SUM OF 10 LAC. I FIND IN THIS BACKDROP OF FACTS THAT M/S C ORAMANDAL INTERNATIONAL LTD. HAS ALREADY DEBITED THE IMPUGNED DIFFERENTIAL SUM OF 5 LAC ITA NO. 2026/KOL/2018 A.Y. 2014-15 SISIR KR. ADHIKARI VS. ITO WD.23 (2), HGL PAGE 2 FORMING PART OF 15 LAC AS PER THE RELEVANT ENTRY DATED 31.01.2014 ON 01.04.2014. THIS REVERSAL FROM THE OTHER SIDE IN ASSESSEES CAS E HAS COME ON OPENING DATE OF THE NEXT ACCOUNTING YEAR I.E. 01.04.2014 AS PER STATEME NT OF ACCOUNTS FORMING PART OF CASE FILE AT PAGE 4 OF THE PAPER BOOK. LEARNED DEPARTMEN TAL REPRESENTATIVE FAILS TO DISPUTE CORRECTNESS THEREOF DURING THE COURSE OF HEARING. I THEREFORE DELETE THIS ADDITION OF 5 LAC. THE ASSESSEE SUCCEEDS IN HIS FIRST SUBSTANTIVE GROUND. 3. THE ASSESSEES NEXT TWO SUBSTANTIVE GROUNDS SEEK TO DELETE BOGUS OUTSTANDING AMOUNT ADDITION(S) OF 1 LAC AND LATTER AMOUNT OF 90,739/- IN CASE OF M/S PARADEEP PHOSPHATES LTD. LEARNED COUNSEL SUBMITS DURING THE COURSE OF HEARING THAT ASSESSEE HAS HIMSELF ADDED THE VERY AMOUNT OF 1 LAC IN NEXT ASSESSMENT YEAR. THE SAME IS CLAIMED TO BE AN INSTANT OF DOUBLE ADDITION THEREFO RE. HIS NEXT PLEA IS THAT THE LATTER AMOUNT OF 90,739/- REQUIRES THE RE-CONCILIATION AT THE ASSESS ING OFFICERS END. I THEREFORE RESTORE BOTH THESE LATTER TWO ISSUES BACK TO THE ASSESSING OFFICER TO ENSURE THAT THERE IS NO DOUBLE ADDITION REGARDING THE SECO ND ISSUE OF BOGUS CLAIM AMOUNT OF 1 LAC AND FINALIZE RE-CONCILIATION REGARDING THE TH IRD ISSUE OF 90,739/- AS PER LAW AFTER AFFORDING ADEQUATE OPPORTUNITY OF HEARING TO THE TAXPAYER. 4. THIS ASSESSEES APPEAL PARTLY ALLOWED IN ABOVE T ERMS. ORDER PRONOUNCED IN OPEN COURT ON 31/01/2019 SD/- (S.S. GODARA ) JUDICIAL MEM BER KOLKATA, *DKP/SR.PS - /01/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SISIR KR. ADHIKARI, C/O SHRI SARNTH GHOSH , ADVOCATE, SEVEN BROTHERS LOD GE, P.O. BUROSHIBTALA, P.S. CHINSURAH, DIST. HOOGHLY 2. /RESPONDENT-ITO WARD-23(2), AAYAKAR BHAWAN, KHADINAMO RE, G.T. ROAD CHINSURAH, HOOGHLY 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , / ',