M/s Durga Engineering Co., Howrah V. DCIT, Circle-47, Kolkata, Kolkata

ITA 2057/KOL/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9178 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 26-10-2016
• Court: TRIBUNAL
• Department Lawyers: MALAY DHAR
• Keywords: Additional evidence

Judgement Text

I T A NO. 2057/KOL/16 DURGA ENGG.C O. 1 IN THE INCOME TAX APPELLATE TRIBUNAL,DBENCH, KOLKATA BEFORE: SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.2057/KOL/2016 A.Y: 2012-13 M/S. DURGA ENGINEERING VS. DEPUTY COMMISSIONER COMPANY OF INCOME TAX, CIR-47 PAN: AABFD 9420E KOLKATA (APPELLANT) (RESPONDENT) APPEARANCES BY : S/SHRI MALAY DHAR & SANKAR SADHU, ADVOCATE, LD.AR F OR THE ASSESSEE SHRI SAURAV KUMAR, ADDL.CIT, LD.DR FOR THE REVENUE DATE OF HEARING : 20-03-2017 DATE OF PRONOUNCEMENT : 29-03-2017 O R D E R SHRI S.S. VISWANETHRA RAVI, JM :- THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DT : 29-07- 2016 PASSED BY THE COMMISSIONER OF INCOME TAX (APPE ALS), 14, KOLKATA FOR THE ASSESSMENT YEAR 2012-13. 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS TO BE DECIDED AS TO WHETHER THE CIT-A JUSTIFIED IN DISMISSING THE APPEAL OF ASSESSEE WITHOUT INITIATING THE PROCEDURE I.E. SEEK ING FOR REMAND REPORT IN RESPECT OF FILING ADDITIONAL/NEW EVIDENCE IN THE FACTS AND CIRCUMSTANCES OF THE CASE. I T A NO. 2057/KOL/16 DURGA ENGG.C O. 2 3. THE LD.AR BEFORE US SUBMITS THAT THE ASSESSEE FI LED ADDITIONAL EVIDENCE IN SUPPORT OF CASH DEPOSITS AS FOUND BY THE AO WERE MADE OUT OF OLD DEPOSITS BEFORE THE CIT-A. THE CIT-A WITHOUT TAKING INTO ANY STEP I.E SEEKING THE REMAND REPORT FROM THE AO REGARDING FILING OF THE ADDITIONAL EVIDENCE DISMISSED THE APPEAL OF ASSESSEE. THE LD.AR SUBMITS THAT THE AO O N AN INFORMATION RECEIVED FROM CIB SOUGHT EXPLANATION FR OM THE ASSESSEE. THE ASSESSEE, HOWEVER, COULD NOT PRODUCE THE RELEVANT EVIDENCE IN SUPPORT OF ITS CLAIM THAT THE CASH DEPOSITS IN BANK WERE REMAINED FROM TIME TO TIME AND WERE MA DE OUT OF OLD DEPOSITS. THE LD.AR OF THE ASSESSEE IN SUPPORT OF ITS CLAIM FILED THE DETAILS BY WAY OF PAPER BOOK CONTAINING P AGES 1 TO 17 AND REFERRED THE BALANCE SHEET AS ON 31-03-2012 AT PAGE 1 OF THE PAPER BOOK AND ARGUED THAT THE ASSESSEE HAS SHO WN AN AMOUNT OF RS.18,35,409.20 TOWARDS EARNEST MONEY AND SECURITY DEPOSIT. THE LD.AR OF THE ASSESSEE ALSO TOOK US TH ROUGH RELEVANT PAGE-13 OF THE PAPER BOOK AND ARGUED THAT THE CIT-A DID NOT CONSIDER THIS DOCUMENT AT THE FIRST APPELLA TE PROCEEDINGS AND AS SUCH URGED TO REMAND THE ISSUE T O THE FILE OF THE AO FOR FRESH CONSIDERATION OF THE SAME AS FI LED BY WAY OF PAPER BOOK BEFORE US. 4. THE LD.DR RELIED ON THE ORDERS OF THE AUTHORITIE S BELOW. 5. HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE AO ADDED THE SAID AMOUN T BEING NOT OFFERING ANY EXPLANATION. HOWEVER, WE NOTICED T HAT THE TERM DEPOSIT IN BANK OF BARODA WERE ADDED TWICE, WHICH IS CLEARLY EVIDENT FROM THE TABLE OF ASSET AS PREPARED BY THE AO AT PARA 3 OF THE ASSESSMENT ORDER. WE ALSO NOTICED THAT THE C IT-A INSPITE I T A NO. 2057/KOL/16 DURGA ENGG.C O. 3 OF HAVING ACKNOWLEDGED WITH THE FILING OF ADDITIONA L EVIDENCES IN DEMONSTRATING CASH DEPOSITS BY THE ASSESSEE WITH OUT TAKING INTO ANY STEP I.E. SEEKING REMAND REPORT FROM THE A O DISMISSED THE APPEAL OF ASSESSEE. WE FIND THAT THE DETAILS AS FILED IN THE PAPER BOOK PAGES 1- 17 BY THE ASSESSEE BEFORE US AR E VERY MUCH NECESSARY FOR FAIR ADJUDICATION BY THE AO. THE REFORE, TAKING INTO CONSIDERATIONS THE FACTS OF THE CASE AN D FINDINGS OF THE AUTHORITIES BELOW TOGETHER WITH THE ADDITIONAL EVIDENCES AS FILED IN THE PAPER BOOK BEFORE US, WE DEEM IT FIT A ND PROPER TO REMAND THE ISSUE TO THE FILE OF THE AO FOR FRESH C ONSIDERATION AND VERIFICATION OF THE SAME AND TO PASS AN APPROP RIATE ORDER IN ACCORDANCE WITH LAW AFTER GIVING THE ASSESSEE AD EQUATE OPPORTUNITY OF HEARING. THE ASSESSEE SHALL BE AT LI BERTY TO FILE REQUISITE EVIDENCES TO SUBSTANTIATE ITS CLAIM PROPE RLY. THEREFORE, GROUNDS RAISED BY THE ASSESSEE ARE ALLOW ED FOR STATISTICAL PURPOSE. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 29/03/2 017 SD/- SD/- WASEEM AHMED S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 29 -0 3-2017 *PP/SPS: COPY OF THE ORDER FORWARDED TO: 1 . THE APPELLANT/ASSESSEE: M/S. DURGA ENGINEERING COMP ANY ICHAPUR ROAD, CANAL SIDE, SANTRAGACHI, HOWRAH-7111 04. 2 THE RESPONDENT/DEPARTMENT: THEDY. COMMISSIONER OF INCOME TAX, CIRCLE-47, 3 GOVT PLACE, WEST, KOLKATA-700 001. I T A NO. 2057/KOL/16 DURGA ENGG.C O. 4 3 4. THE CIT(A) THE CIT 5 . DR, KOLKATA BENCH 6 . GUARD FILE . BY ORDER, ASSTT. REGISTRAR