M/s BHAGWAN SAHAY SHARMA, Durgapur V. I.T.O, Ward-1(4), DURGAPUR, Durgapur

ITA 2089/KOL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83212 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2014
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 10-07-2013
• Court: TRIBUNAL
• Department Lawyers: K K TRIPATHI
• Assessee Lawyers: P K ROY
• Keywords: Additional evidence
• Section: 143(3)

Judgement Text

, SM C , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: KOLKATA ( ) BEFORE , ) [BEFORE SHRI MAHAVIR SINGH, JM] / I.T.A NO. 2089 /KOL/20 1 3 / ASSESSMENT YEAR : 20 0 9 - 1 0 M/S. BHAGWAN SAHAY SHARMA VS. INCOME - TAX OFFICER, WD - 1 ( 4 ) , DURGAPUR (PAN:A AFFB7756B ) ( /APPELLANT ) ( / RESPONDENT ) DATE OF HEARING: 2 6 . 11 .201 4 DATE OF PRONOUNCEMENT: 28 . 1 1 .201 4 FOR THE APPELLANT : SHRI P. K. ROY, ADVOCATE FOR THE RESPONDENT : SHRI K. K. TRIPATHI , JCIT, SR. DR / ORDER THIS APPEAL BY ASSESSEE IS ARI SING OUT OF ORDER OF CIT(A) - DURGAPUR IN APPEAL NO. 165 /CIT(A) /DGP/2011 - 12 DATED 3 0 . 0 4 .201 3 . ASSESSMENT WAS FRAMED BY ITO, WARD - 1 ( 4 ) , DURGAPUR U/S. 143(3) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) FOR ASSESSMENT YEAR 200 9 - 1 0 VIDE HIS ORDER DATED 29 .1 1 .20 11 . 2 . THE RE ARE TWO ISSUES IN THIS APPEAL I.E. (I) ADDITION OF RS.1,62,000/ - BEING THE AMOUNT OF OUTSTANDING CLOSING BALANCE OF ASSESSEE IN THE BOOKS OF ACCOUNT OF SUNSTAR OVERSEAS LTD. AS ON 31.03.2009 NOT MATCHED WITH THE ACCOUNTS OF THE ASSESSEE; (II) ANOTHER ADDIT ION OF RS.55,770/ - RICE SOLD RECEIVED BACK FROM BIG BAZAR. 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE DREW OUR ATTENTION TO ASSESSEE S PAPER BOOK PAGE 2 WHEREBY A CONFIRMATION FROM JAY NARAYAN TRADERS PVT. LTD. DATED 18.11.2011 AND ALSO ANOTHER EVID ENCE OF GOODS RETURNED BY PANTALOON RETAILS (INDIA) LTD. FOR AN AMOUNT OF RS.55,770/ - WAS FILED. LD. SR. DR OBJECTED THAT THESE ARE ADDITIONAL EVIDENCE. WHEN THIS WAS POINTED OUT TO LD. COUNSEL FOR THE ASSESSEE, HE FAIRLY CONCEDED THAT THESE ARE ADDITION AL EVIDENCE AND NOT PRODUCED BEFORE THE CIT(A) FOR THE REASON THAT THIS COULD NOT BE OBTAINED IN DUE TIME. AS THESE ARE ADDITIONAL EVIDENCE, I ADMIT THIS AND REMAND THE MATTER BACK TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION ON BOTH THE ISSUES. THE ASSE SSEE WILL COOPERATE WITH THE CIT(A) AND WILL FILE COMPLETE DETAILS INCLUDING RECONCILIATION TO 2 ITA NO.2 0 8 9 /K/2013 M/S. BHAGWAN SAHAY SHARMA AY 200 9 - 1 0 PROVE ITS CASE. IN TERM OF THE ABOVE, THESE TWO ISSUES ARE SET ASIDE TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION. THE APPEAL OF ASSESSEE IS ALLOWED FOR STATIS TICAL PURPOSES. 4 . IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 5 . ORDER IS PRONOUNCED IN THE OPEN COURT ON 2 8 . 1 1 . 2 0 1 4 S D / - , (MAHAVIR SINGH) JUDICIAL MEMBER DATED : 2 8 T H NOVEMBER , 201 4 JD.(SR.P.S.) - COPY OF THE ORDER FORWARDED TO: 1 . / A PPELLANT M/S. BHAGWAN SAHAY SHARMA, KADA ROAD, G. T. ROAD, DURGAPUR - 713203, DIST. BURDWAN, WB 2 / RESPONDENT ITO, WARD - 1 ( 4 ) , DURGAPUR . 3 . ( )/ THE CIT(A), DURGAPUR 4. 5. / CIT DURGAPUR / DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, / BY ORDER, /ASSTT. REGISTRAR .