Nadim Amin, Kolkata V. ITO, Ward - 40(4), Kolkata, Kolkata

ITA 2194/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1796 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 16-10-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: I JAMIR
• Assessee Lawyers: S M SURANA
• Keywords: Peak credit
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : KOLKATA [BEFORE HONBLE SHRI M.BALAGANESH, AM & HONBLE S HRI S.S.VISWANETHRA RAVI, JM] I.T.A NO. 2194/KOL/20 17 ASSESSMENT YEAR : 2013-1 4 NADIM AMIN -VS- ITO, WARD-40(4), K OLKATA. [PAN: ACMPA 7325 C] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI S.M. SURANA, ADVOCATE FOR THE RESPONDENT : SHRI I. JAMIR, ADDL. CI T DATE OF HEARING : 21.08.2018 DATE OF PRONOUNCEMENT : 05. 09.2018 ORDER PER M.BALAGANESH, AM 1. THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-12, KOLKATA [IN SHORT THE LD CI T(A)] IN APPEAL NO.10006/CIT(A)-12/KOL/WARD-40(4)/2016-17 DATED 17. 07.2017 AGAINST THE ORDER PASSED BY THE ITO, WARD-40(4), KOLKATA [ IN SHORT T HE LD AO] UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATE D 18.03.2016 FOR THE ASSESSMENT YEAR 2013-14. 2. THE ONLY ISSUE TO BE DECIDED IN THIS APPEAL IS A S TO WHETHER THE LD. CIT(A) WAS JUSTIFIED IN CONFIRMING THE ADDITION OF RS. 1,36,0 5,017/- BEING THE AMOUNT CREDITED IN THE UNDISCLOSED BANK ACCOUNT OF THE ASSESSEE, IN TH E FACTS AND CIRCUMSTANCES OF THE CASE. 2 ITA NO.2194/KOL/2017 NADIM AMIN A.YR. 2013-14 2 3. THE BRIEF FACTS OF THIS ISSUE IS THAT THE ASSESS EE IS AN INDIVIDUAL AND IS A PROPRIETOR OF M/S COSMO GUEST HOUSE, AMINA FOODS AND ESPLANADE CH AMBER GUEST HOUSE, ENGAGED IN THE BUSINESS OF RUNNING A RESTAURANT AND GUEST H OUSE. THE RETURN OF INCOME FOR THE ASSESSMENT YEAR 2013-14 WAS FILED BY THE ASSESSEE O N 03.10.2013 DECLARING TOTAL INCOME OF RS. 13,27,610/-. THE LD. AO OBSERVED IN HIS ASSE SSMENT ORDER THAT THE REQUISITE DOCUMENTS, INFORMATION, DOCUMENTS WITH SUPPORTING D OCUMENTS WERE PROVIDED BY THE ASSESSEE AND THE SAME WERE EXAMINED BY HIM. THE LD. AO OBSERVED THAT THE ASSESSEE WAS MAINTAINING THREE SAVINGS BANK ACCOUNTS WITH HD FC BANK AND THE FOLLOWING SUMS WERE CREDITED IN THE FORM OF CASH AND CHEQUES AS UN DER: A/C NO. TOTAL DEPOSIT (INCLUDING CASH DEPOSIT) A MOUNT 03341000068835 96,94,160/- 03341000068914 39,00,657/- 03341000069922 10,200/- TOTAL 1,36,05,017/- THE LD. AO OBSERVED THAT THESE BANK ACCOUNTS WERE N OT DISCLOSED IN HIS BALANCE SHEET FILED ALONG WITH THE RETURN OF INCOME. THE ASSESSEE ACCEPTED THE FACT THAT THESE ARE UNDISCLOSED BANK ACCOUNTS AND STATED THAT THE PEAK BALANCE OF THE CREDITS THEREON SHOULD BE SUBJECTED TO TAX AND NOT THE ENTIRE DEPOSITS MAD E IN THE BANK ACCOUNTS. THE ASSESSEE ALSO PLEADED THAT THERE WERE FREQUENT WITHDRAWALS M ADE FROM UNDISCLOSED BANK ACCOUNTS WHICH WERE DEPOSITED BY HIM IN THESE SUBJECT MENTIO NED THREE BANK ACCOUNTS. THE LD. AO HOWEVER DID NOT AGREE TO THIS PROPOSITION OF THE ASSESSEE AND PROCEEDED TO TREAT THE ENTIRE CREDITS IN THE BANK ACCOUNT AS UNDISCLOSED I NCOME OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION. THE LD. CIT(A) GAVE SEVERAL OP PORTUNITIES TO THE ASSESSEE TO APPEAR BEFORE HIM AND PRESENT HIS CASE. THOUGH ADJO URNMENTS WERE TAKEN ON SEVERAL OCCASIONS BY THE ASSESSEE AND THE LAST DATE OF HEAR ING FIXED ON 27.06.2017, THE ASSESSEE DID NOT MAKE ANY COMPLIANCE BEFORE THE LD. CIT(A) A ND ACCORDINGLY, THE LD. CIT(A) PROCEEDED TO DISMISS THE APPEAL OF THE APPEAL BY ST ATING THAT THE ASSESSEE HAS NOT 3 ITA NO.2194/KOL/2017 NADIM AMIN A.YR. 2013-14 3 FURNISHED FURTHER EVIDENCES IN SUPPORT OF ITS GROUN DS OF APPEAL. AGGRIEVED, THE ASSESSEE IS IN APPEAL BEFORE US. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS. THE LD. AR PLEADED FOR ONE LAST OPPORTUNITY TO BE PROVIDED TO THE ASSESSEE BEFORE THE LD. CIT(A) F OR ADJUDICATION OF THE ISSUES ON MERITS. THE LD. DR VEHEMENTLY OBJECTED TO THE SAME BY REITERATING THAT THE LD. CIT(A) HAVING ISSUED SUFFICIENT NOTICES TO THE ASSESSEE ON VARIOUS DATES, WHEREIN ADJOURNMENTS WERE SOUGHT FOR BY THE ASSESSEE AND THERE WAS ABSOL UTELY NO COMPLIANCE BY THE ASSESSEE ON THE FINAL DATE OF HEARING WHICH WARRANTED HIM TO DISMISS THE APPEAL OF THE ASSESSEE EX PARTE. IN THE FACTS AND CIRCUMSTANCES OF THE CAS E, WE DEEM IT FIT AND APPROPRIATE, IN THE INTEREST OF JUSTICE AND FAIR PLAY TO REMAND THI S ISSUE TO THE FILE OF THE LD. CIT(A) TO DECIDE THE ISSUE RAISED BEFORE HIM AFRESH, IN ACCO RDANCE WITH LAW ON OR BEFORE 31.01.2019. THE ASSESSEE IS HEREBY DIRECTED TO CO-O PERATE WITH THE LD. CIT(A) FOR EXPEDITIOUS DISPOSAL OF THE APPEAL BEFORE HIM AND NOT TO TAKE ANY ADJOURNMENT EXCEPT DUE TO EXCEPTIONAL OR BONAFIDE CIRCUMSTANCES. ACCOR DINGLY, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 05. 09.2018 SD/- SD/- [S.S. VISWANETHRA RAVI] [ M.BAL AGANESH ] JUDICIAL MEMBER ACCOUNTANT MEM BER DATED : 05. 09.2018 SB, SR. PS 4 ITA NO.2194/KOL/2017 NADIM AMIN A.YR. 2013-14 4 COPY OF THE ORDER FORWARDED TO: 1. NADIM AMIN, C/O, P.K. MATHUR (ADVOCATE) 1, MERED ITH STREET, KOLKATA-700072. 2. ITO, WARD-40(4), KOLKATA, 3, GOVT. PLACE, KOLKA TA-700001. 3..C.I.T.(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S