Dr. Ranabir Pal, Kolkata V. I.T.O Wd - 55(2),kolkata, Kolkata

ITA 2238/KOL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83210 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2014
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2003-2004
• Appeal Filed On: 12-08-2013
• Court: TRIBUNAL
• Department Lawyers: K K TRIPATHI
• Assessee Lawyers: N O N E
• Keywords: Opportunity of being heard
• Section: 263

Judgement Text

, SM C , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: KOLKATA ( ) BEFORE , ) [BEFORE SHRI MAHAVIR SINGH, JM] / I.T.A NO. 2 238 /KOL/20 1 3 / ASSESSMENT YEAR : 20 0 3 - 0 4 DR. RANABIR PAL VS. INCOME - TAX OFFICER, WD - 55 ( 2 ) , KOLKATA (PAN:A JOPB7865F ) ( /APPELLANT ) ( / RESPONDENT ) DATE OF HEARING: 2 6 . 11 .201 4 DATE OF PRONOUNCEMENT: 28 . 1 1 .201 4 FOR THE APPELLANT : N O N E FOR THE RESPONDENT : SHRI K. K. TRIPATHI , JCIT, SR. DR / ORDER THIS APPEAL BY ASSESSEE IS ARI SING OUT OF ORDER OF CIT(A) - XXXVI, KOLKATA IN APPEAL NO. 1038 /CIT(A) - XXXVI/KOL/WD. - 55(2), KOL/09 - 10 DATED 20 . 0 5 .201 3 . ASSESSMENT WAS FRAMED BY ITO, WARD - 55 ( 2 ) , KOLKATA U/S. 254/263/143(3)/ 14 7 OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) FOR ASSESSMENT YEAR 200 3 - 0 4 VIDE HIS ORDER DATED 11 .1 1 .20 0 9 . 2 . THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGAINST THE ORDER OF CIT(A) CONFIRMING THE ACTION OF AO IN MAKING ADDITION ON ACCOUNT OF INVESTMENT MADE IN RECURRING DEPOSIT OF RS.1,20,000/ - . 3. I HAVE HEARD LD. SR. DR AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. BRIEFLY STATED FACTS ARE THAT ORIGINALLY ASSESSMENT WAS COMPLETED AT AN INCOME OF RS.2,44,287/ - BY THE AO. SUBSEQUENTLY, THE CIT - XX, KOLKATA VIDE HIS ORDER DATED 24.03.2008 MADE A PROPOSAL FOR REVISION U/S. 263 OF THE ACT FOR THE REASON THAT THE ASSESSEE HAS SUPPRESSED THE RECURRING DEPOSIT ACCOUNT MAINTAINED WITH INDIAN BANK, BURRABAZAR BRANCH IN WHICH INVESTMENT TO THE TUNE OF RS.1,20,000/ - WAS MADE. THE AO IN TERM OF THE REVISION ORDER PASSED BY CIT - XX, KOLKATA U/S. 263 OF THE ACT FRAMED ASSESSMENT AND MADE ADDITION. AGAINST THIS ASSESSMENT FRAMED BY AO IN CONSEQUENCE TO REVISION ORDER APPEAL IS PENDING BEFORE CIT(A). IN THE MEANTIME, ASSESSEE S APPEAL AGAINST THE REVISION ORDER PASSED BY CIT - XX, KOLKATA U/S. 263 OF THE ACT WAS HEARD BY ITAT AND VIDE ITS ORDER DATED 24.03.2009 IN ITA NO. 987/K/2008 DIRECTED THE AO TO MAKE FRESH ASSESSMENT IN TERM OF THE FOLLOWING DIRECTIONS: THE AO IS HEREBY DIRECTED TO MAKE A FRESH ASSESSMENT AFTER THE ASSESSEE HAS BEEN HEARD OR HAS BEEN GIVEN A REASSESSABLE OPPORTUNITY OF BEING HEARD . 2 ITA NO.2238/K/2013 DR. RANABIR PAL AY 2003 - 04 IN T HE SAID ORDER OF THE TRIBUNAL, IT WAS MENTIONED THAT TRUE FACT COULD NOT BROUGHT TO LIGHT WITHOUT CONSIDERING. I) AFFIDAVIT OF SMT. BANYA DUTTA/PAL WIFE OF DR. RANABIR PAL DATED 10.3.2009. II) COPY OF BANK STATEMENT OF STATE BANK OF INDIA (KISHANGUNJ) WHERE IN TH E AFORESAID WITHDRAWALS WERE NOTED. BUT THE AO DID NOT COMPLY WITH THE DIRECTIONS AS IS EVIDENT FROM THE ASSESSMENT ORDER DATED 11.11.2009. SMT. BANYA DUTTA/PAL WIFE OF DR. RANABIR PAL WAS NOT EXAMINED AND CIT(A ) ALSO CONFIRMED THE ADDITION BY OBSERVING IN PARA 3 AS UNDER: 3. THE SUBMISSION OF AR, GROUND OF APPEAL AND ASSESSMENT ORDER WERE DULY CONSIDERED. AR COULD NOT VERIFY THE SAVINGS OF MR. PAL BEFORE AO AND IN THE ABSENCE OF PROPER DOCUMENTS. AO AGAIN ADDED A SUM OF R S.1,20,000/ - AFTER FOLLOWING DIRECTIONS OF HON BLE ITAT. UNDERSIGNED ALSO EXAMINED THE ISSUE IN DETAIL AND BALANCE SHEET OF APPELLANT WAS CALLED. ON PERUSAL OF BALANCE SHEET OF APPELLANT, IT WAS FOUND, TOTAL WITHDRAWAL OF THE APPELLANT DURING THE YEAR IS RS.1,53,718/ - . IF HE HAS GIVEN RS.1,20,000/ - TO HIS WIFE I.E. @ RS.10,000/ - PER MONTH, HE HAS RS.33,718/ - REMAINING FOR HIS LIVELIHOOD DURING THE YEAR. HOW A PROMINENT DOCTOR HAVING WIDE REPUTATION CAN LIVE LIFE FOR WITHDRAWAL OF SUM OF RS.2800/ - PER MO NTH. SECONDLY, IN THE ASSET SIDE THERE IS NO M ENTION OF INVESTMENT IN RD OR LOAN TO HIS WIFE . THIRDLY NO PASS BOOK, BALANCE SHEET OF SMT. BANYA DATTA WAS PRODUCED DURING APPELLATE PROCEEDINGS TO JUSTIFY HER CLAIM. CONSIDERING ABOVE AO WAS RIGHT IN ADDIN G A SUM OF RS.1,20,000/ - IN THE INCOME OF APPELLANT. 4. I FIND FROM THE FACTS IN ENTIRETY THAT THE BALANCE SHEET OF THE ASSESSEE HAS CLEARLY SHOWN THE WITHDRAWAL OF RS.1,53,718/ - DURING THE YEAR. THE ASSESSEE HAS GIVEN RS.10,000/ - PER MONTH TO HIS WIFE FOR MAKING THIS RECURRING DEPOSIT IN INDIAN BANK, BURRABAZAR BRANCH AND THIS RECURRING DEPOSIT OF RS.1,20,000/ - WAS MADE BY ASSESSEE S WIFE SMT. BANYA DATTA/PAL. I FIND THAT THE CIT(A) HAS COMPLETELY DE TR A CTED HIMSELF FROM THE ISSUE AND HE IS CREATING NE W ISSUE THAT THE WITHDRAWAL OF RS.2,800/ - PER MONTH IS LESS. IT SEEMS THAT THE IMMEDIATE NEXUS OF INVESTMENT IS CLEARLY PROVED THAT THERE IS A WITHDRAWAL TO THE EXTENT OF RS.1,53,718/ - . IN TERM OF THE ABOVE, I AM OF THE VIEW THAT THE CIT(A) AS WELL AS AO HAS AGAIN WRONG AND WITHOUT VERIFYING THE DOCUMENTS MADE AND CONFIRMED THIS ADDITION. IN VIEW OF THE ABOVE, I DELETE THE ADDITION AND ALLOW THE APPEAL OF ASSESSEE. 5 . IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED . 6 . 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.) 3 ITA NO.2238/K/2013 DR. RANABIR PAL AY 2003 - 04 - COPY OF THE ORDER FORWARDED TO: 1 . / A PPELLANT DR. RANABIR PAL, KANCHANJANGHA , 55, KHARDAH COOPERATIVE COLONY, PIN - 700 118 2 / RESPONDENT ITO, WARD - 55 ( 2 ) , KOLKATA . 3 . ( )/ THE CIT(A), KOLKATA 4. 5. / CIT KOLKATA / DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, / BY ORDER, /ASSTT. REGISTRAR .