ACIT, Circle - 10, Kolkata, Kolkata V. Dey's Medical Stroes (Mfg.) Ltd., Kolkata

ITA 224/KOL/2012

• Counselvise Citation: 22423514 RSA 2012
• Duration Of Justice: 2 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 10-02-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJENDRA PRASAD
• Assessee Lawyers: SANJAY BHATTACHARYA
• Keywords: Opportunity of being heard

Judgement Text

I.T.A. NO . 224 /KOL./201 2 ASSESSMENT YEAR: 200 7 - 20 0 8 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI N.K. SAINI (ACCOUNTANT MEMBER) , AND SHRI GEORGE MATHAN (JUDICIAL MEMBER) I.T.A. NO. 224 /KOL . / 20 1 2 ASSESSMENT YEAR : 200 7 - 20 0 8 ASSISTANT COMMISSIONER OF INCOME TAX, . .... .. .......... .. .APP ELL ANT CIRCLE - 10, KOLKATA, P - 7, CHOWRINGHEE SQUARE, 3 RD FLOOR, KOLKATA - 700 069 - VS. - DEY S MEDICAL STORES ( MFG.) LTD., ........................... . RESPONDENT 20A, NELLY SENGUPTA SARANI, KOLKATA - 700 087 [PAN : AABCD 1608 D] APPEARANCES BY: SHRI RAJENDRA PRASAD, JCIT , FOR THE DEPARTMENT SHRI SANJAY BHATTACHARYA, FCA , FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JANUARY 30 , 2 01 5 DATE OF PRONOUNCING THE ORDER : JANUARY 30 , 201 5 O R D E R PER N.K. SAINI : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XII, KOLKATA IN APPEAL NO. 926 /CIT(A)/ XII/R - 10/09 - 10 DATED 30 . 11 .201 1 FOR TH E ASSESSMENT YEAR 200 7 - 0 8 . 2. THE GROUNDS RAISED BY THE REVENUE READ AS UNDER: - (1) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) IS JUSTIFIED IN DELETING THE ADDITION UNDER THE HEAD TRAVELLING AND CONVEYANCE THOUGH THE ASSESSEE FAILED TO PROVE THAT THE EXPENSES WERE I.T.A. NO . 224 /KOL./201 2 ASSESSMENT YEAR: 200 7 - 20 0 8 PAGE 2 OF 3 EXCLUSIVELY FOR THE PURPOSE OF B USINESS AND THE DISCREPANCIES THEREIN. (2) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) IS JUSTIFIED IN DELETING THE ADDITION UNDER THE HEAD OF REPAIR TO BUILDING AND MACHINERY IN SPITE OF THE FACT THAT THE AMOUNT OF EXPENSES WAS HIGHER THAN THE VALUE OF ASSET. (3) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) IS JUSTIFIED IN DELETING THE ADDITION ON ACCOUNT OF ONE TIME SETTLEMENT MONEY FOR SUPERANNUATION FUND AMOUNTING TO RS.20,00,000/ - TREATING TH E SAME AS ADDITIONAL SALARY. 3. SHRI RAJENDRA PRASAD, JCIT, SR. D.R., REPRESENTED ON BEHALF OF THE REVENUE AND SHRI SANJAY BHATTACHARYA, F.C.A., REPRESENTED ON BEHALF OF THE ASSESSEE. 4 . THE ASSESSEE HAS FURNISHED TWO PAPER BOOKS AND MENTIONED IN THOSE PAPER BOOKS AS UNDER: - 2. THIS IS TO CERTIFY THAT THE PAPER BOOK SUBMITTED BY ME/US CONTAINS THE FOLLOWING NEW DOCUMENT(S) WHICH WAS/WERE NOT FILED BEFORE THE AUTHORITIES BELOW. THESE NEW DOCUMENTS GO TO THE ROOT OF THE CASE, FOR WHICH INVESTIGATION OF FU RTHER FACTS DO NOT REQUIRE AND AS SUCH, THE TRIBUNAL MAY BE PLEASED TO ACCEPT THE SAME IN APPRECIATION OF THE FACTS OF THE CASE, IN ORDER TO RENDER JUSTICE . 5 . DURING THE COURSE OF HEARING, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT NEW EVIDENCES FURNIS HED FIRST TIME BY THE ASSESSEE GO TO THE ROOT OF THE MATTER AND DUE TO CERTAIN REASONS THE ASSESSEE WAS UNABLE TO PRODUCE THOSE DOCUMENTS EITHER BEFORE THE ASSESSING OFFICER OR BEFORE THE LD. CIT(APPEALS). HE REQUESTED THAT THE MATTER MAY BE SENT BACK TO T HE FILE OF ASSESSING OFFICER TO BE DECIDED AFRESH AFTER CONSIDERING THESE DOCUMENTS. 6 . LD. SR. D.R. IN HIS RIVAL SUBMISSION DID NOT OBJECT IF THE MATTER IS SENT BACK TO THE ASSESSING OFFICER TO BE DECIDED AFRESH. I.T.A. NO . 224 /KOL./201 2 ASSESSMENT YEAR: 200 7 - 20 0 8 PAGE 3 OF 3 7 . AFTER CONSIDERING THE AFORESAID SUBMI SSIONS OF BOTH THE PARTIES, WE DEEM IT APPROPRIATE TO REMAND THIS CASE BACK TO THE FILE OF THE ASSESSING O FFICER TO BE DECIDED AFRESH IN ACCORDANCE WITH LAW AFTER PROVIDING DUE AND REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND BY CONSIDERING TH E NEW DOCUMENTS FURNISHED BY THE ASSESSEE FIRST TIME BEFORE THE I.T.A.T. 8 . IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH JANUARY , 201 5 . SD/ - SD/ - GEORGE MATHAN N.K. SAINI (JUDICIAL MEMBER) ( ACCOUNTANT MEMBER) KOLKATA, THE 30 TH D AY OF JANUARY , 201 5 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 10, KOLKATA, P - 7, CHOWRINGHEE SQUARE, 3 RD FLOOR, KOLKATA - 700 069 (2) DEY S MEDICAL STORES ( MFG.) LTD. 20A, NELLY SENGUPTA SARANI, KOLKATA - 700 087 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA B ENCHES, KOLKATA LAHA/SR. P.S.