Asit Kumar Paul Chaudhuri, Kolkata V. ITO, Ward - 51(4), Kolkata, Kolkata

ITA 2038/KOL/2010

• Counselvise Citation: 203823514 RSA 2010
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2011
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 02-05-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 11-11-2010
• Court: TRIBUNAL
• Department Lawyers: S K ROY
• Assessee Lawyers: P K HIMATSINGHKE
• Keywords: Unexplained investment; Source of fund
• Section: 143(3)

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH A, KOLKATA () BEFORE , ,, , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND . .. . ! ! ! !. .. . , '# SHRI C.D.RAO, ACCOUNTANT MEMBER $ $ $ $ / ITA NO . 2038/KOL/2010 %& '(/ ASSESSMENT YEAR : 2006-07 (*+ / APPELLANT ) ASIT KUMAR PAUL CHAUDHURI, KOLKATA (PAN: AAJPP 4899 D) - % - - VERSUS - . (-.*+/ RESPONDENT ) I.T.O., WARD-51(4), KOLKATA *+ / 0 '/ FOR THE APPELLANT: SHRI P.K.HIMATSINGHKE -.*+ / 0 '/ FOR THE RESPONDENT: SHRI S.K.ROY 1%2 / !# /DATE OF HEARING : 01.11.2011. 3' / !# /DATE OF PRONOUNCEMENT : 04.11.2011. '4 / ORDER ( (( ( . .. . ! ! ! !. .. . ) )) ), , , , '# PER SHRI C.D.RAO, AM THIS APPEAL IS FILED BY ASSESSEE AGAINST THE ORDER DATED 29.01.2010 OF THE LD. CIT(A)-XXXII, KOLKATA PERTAINING TO A.YR.2006-07. 2. IN THIS APPEAL ASSESSEE HAS TAKEN THE FOLLOWING GROUNDS :- 1. THAT UNDER THE FACTS & CIRCUMSTANCES OF THE CAS E LD CIT(A) ERRED IN DISMISSING THE APPEAL WITHOUT ALLOWING ANY OPPORTUN ITY TO CURE THE DEFECT. 2. THAT CIT(A) ERRED IN NOT CONSIDERING THE WRITTEN SUBMISSION EXPLAINING THE SOURCE OF FUNDING OF THE ALLEGED INVESTMENT OF RS.2 0,000/- IN MUTUAL FUND AND THEREFORE SUSTAIN THE ADDITION SO MADE BY LD AO AS AN UNEXPLAINED INVESTMENT. 2 3. THERE IS A DELAY OF 3 DAYS IN FILING OF T HE APPEAL BY ASSESSEE FOR WHICH ASSESSEE HAS FILED A CONDONATION PETITION EXPLAINING THE REA SONS FOR SUCH DELAY. AFTER CONSIDERING THE SUBMISSIONS BY ASSESSEE THE DELAY I S CONDONED. 4. AT THE TIME OF HEARING THE LD. COUNSEL APPEARIN G ON BEHALF OF ASSESSEE SUBMITTED THAT THROUGH THE APPEAL MEMO FILED IN FOR M NO.35 BEFORE THE LD. CIT(A) IT WAS MENTIONED THAT ASSESSEE HAS CHALLENGED THE ORDE R PASSED BY ASSESSING OFFICER U/S 143 (3)OF THE IT ACT. HOWEVER, BY MISTAKE HE HAS TA KEN GROUNDS AGAINST PENALTY PROCEEDINGS U/S 271(1)(C) OF THE IT ACT. AT THE TIM E OF HEARING ASSESSEE HAS FILED WRITTEN SUBMISSION BEFORE LD. CIT(A) THAT ALSO PERT AINS TO ASSESSMENT MADE U/S 143(3) OF THE IT ACT. HOWEVER, LD. CIT(A) HAS DISMISSED TH E APPEAL BY OBSERVING THAT THE APPEAL IS FOUND TO BE DEFECTIVE WITHOUT GIVING ANY OPPORTUNITY TO ASSESEE TO RECTIFY THE DEFECTS. THEREFORE HE REQUESTED TO SET ASIDE THE IS SUE TO THE FILE OF LD. CIT(A) FOR FRESH ADJUDICATION OF THE MATTER ON MERITS WITH THE DIREC TION TO DISPOSE OF THE APPEAL ON MERITS AGAINST ORDER PASSED U/S 143(3) OF THE IT AC T. 5. ON THE OTHER HAND THE LD. DR APPEARING ON BEHAL F OF REVENUE COULD NOT OBJECT TO THE SAID REQUEST OF THE LD. COUNSEL FOR ASSESSEE . 6. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CARE FUL PERUSAL OF MATERIALS AVAILABLE ON RECORD, IT IS OBSERVED THAT THE LD. CI T(A) HAS HIMSELF ACCEPTED THE FACT THAT THE WRITTEN SUBMISSIONS FILED ON 16.01.2010 IN THE OFFICE OF LD. CIT(A) BY THE LD. AR OF ASSESSEE SHRI P.K.AGARWAL PERTAIN TO THE ASSE SSMENT MADE U/S 143(3) OF THE IT ACT. THEREFORE, IN THE INTEREST OF JUSTICE WE SET A SIDE THIS ISSUE TO THE FILE OF LD. CIT(A) TO DECIDE THE SAME ARISING OUT OF THE ORDER PASSED U/S 143(3) OF THE IT ACT BY AO. 7. IN THE RESULT THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 04.11.2011. SD/- SD/- , , , , MAHAVIR SINGH, JUDICIAL MEMBER . .. . ! ! ! !. .. . , , , , '# '# '# '# , C.D.RAO, ACCOUNTANT MEMBER. ( (( (!# !# !# !#) )) ) DATE: 04.11.2011. R.G.(.P.S.) 3 '4 / -5 6'5'7- COPY OF THE ORDER FORWARDED TO: 1. ASIT KUMAR PAUL CHUDHURI, R.K.RUNGTA, 2, BARETTO LA NE, 3 RD FLOOR, KOLKATA- 700069. 2 THE I.T.O., WARD-51(4), KOLKATA. 3. THE CIT, 4. THE CIT(A)-XXXII, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA .5 -/ TRUE COPY, '4%1/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES