M/s. Parsan Brothers , Kolkata V. ACIT, Circle - 35, , Kolkata

ITA 2105/KOL/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3906 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 05-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Keywords: Assessment record
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENCH KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI S. S. GODARA, JM ./I.T.A NO.2105/KOL/2018 ( [ [ / ASSESSMENT YEAR: 2014-15) M/S. PARSAN BROTHERS 18B, SUKEAS LANE, 1 ST FLOOR, KOL-1. VS. ACIT, CIRCLE-35, KOLKATA. ./ ./PAN/GIR NO.: AAEFP0090P (APPELLANT) .. (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SMT. RANU BISWAS, ADDL. CIT / DATE OF HEARING : 22/10/2019 /DATE OF PRONOUNCEMENT : /11/2019 / O R D E R PER SHRI S. S. GODARA: THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (A) - 10, KOLKATA DATED 30.07.2018 PASSED IN CASE NO.396/CIT(A)-10/C-35/14-15/16-17/KOL INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. THE REGISTRY HAS ALREADY SENT AN RPAD NOTICE(S) DT. 25.09.2019 FOR TODAYS HEARING. WE THEREFORE PROCEED EX PARTE AGAINST THE ASSESSEE/APPELLANT. THE CASE IS NOW TAKEN UP FOR ADJUDICATION ON MERITS. 2. COMING TO ASSESSEES PLEADINGS, IT EMERGES THAT THE TAXPAYER HAS CHALLENGED THE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION DISALLOWING COMMISSION EXPENDITURE OF RS.44,25,705/- PAID TO 20(TWENTY) DIFFERENT PARTIES AS WELL UNSECURED LOANS AS UNSECURED CASH CREDIT AMOUNTING TO RS.18,50,000/- AND INTEREST PAID THEREUPON OF RS.6,56,140/-; RESPECTIVELY. WE NOTICE FROM CIT(A)S ORDER THAT HE HAS TAKEN INTO CONSIDERED ALL THE RELEVANT ASSESSMENT RECORDS INDICATING THE ASSESSEE NOT TO HAVE PROVED ITS COMMISSION PAYMENTS AS WELL IDENTITY, GENUINENESS I.T.A NO.2105/KOL/2018 M/S. PARSAN BROTHERS PAGE | 2 AND CREDITWORTHINESS OF ITS 3(THREE) LENDERS REGARDING UNSECURED LOANS. WE THEREFORE SEE NO REASON TO INTERFERE WITH THE CIT(A)S ACTION UPHOLDING THE ASSESSMENT FINDINGS MAKING THE THREE DISALLOWANCES/ADDITIONS ON ISSUE. THE ASSESSEES THREE FOLDED GRIEVANCES FAIL ACCORDINGLY. 3. THIS ASSESSEES APPEAL IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON .11.2019. ( J. SUDHAKAR REDDY ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER /KOLKATA; / DATE: /11/2019 (RS, SR.PS) / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT - M/S. PARSAN BROTHERS 2. THE RESPONDENT- ACIT, CIRCLE-35, KOLKATA. 3. ( ) / THE CIT(A), KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.