Mousumi Hazra., Burdwan V. I.T.O Wd - 1(4),Burdwan, Burdwan

ITA 23/KOL/2013

• Counselvise Citation: 2323514 RSA 2013
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 04-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SOUMITR A CHOUDHURY
• Section: 131; 68

Judgement Text

I.T.A. NO . 23 /KOL./201 3 ASSESSMENT YEAR: 200 6 - 20 0 7 PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) , AND SHRI GEORGE MATHAN (JUDICIAL MEMBER) I.T.A. NO. 23 /KOL . / 20 1 3 ASSESSMENT YEAR : 200 6 - 20 0 7 MOUSUMI HAZRA,............................... ......... .... ............ .. .APP ELL ANT VILL. + P.O. BHANDARDIHI, DIST. BURDWAN - 713 426 [PAN : A A SPH 8379 M ] - VS. - INCOME TAX OFFICER , . ............ .. ............................ . RESPONDENT WARD - 1 (4) , BURDWAN , AAYAKAR BHAWAN, COURT COMPOUND, POS T + DIST. BURDWAN - 713 101 APPEARANCES BY: SHRI S OUMITRA CHOUDHURY , ADVOCATE , FOR THE ASSESSEE SHRI P.K. CHAKRABORTY, JCIT, SR. D.R. , FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : DEC EM BER 0 4 , 2 01 4 DATE OF PRONOUNCING THE ORDER : DEC EM BER 05 , 201 4 O R D E R PER GEORGE MATHAN : THIS IS AN APPEAL FILED BY THE ASSESSE E AGAINST THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS), ASANSOL IN APPEAL NO. 101/CIT(A)/ASL/W - 1(4)/ERST.BWN/08 - 09 DATED 10.10.2012 FOR TH E ASSESSMENT YEA R 200 6 - 0 7 . 2 . SHRI S OUMITRA CHOUDHURY , ADVOCATE, REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI P.K. CHAKRABORTY, JCIT, SR. D.R., REPRESENTED ON BEHALF OF THE REVENUE. 3 . AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. A.R. THAT THE ISSUE IN THE ASSE SSEE S APPEAL WAS AGAINST THE ACTION OF THE LD. CIT(APPEALS) IN CONFIRMING THE ADDITION MADE BY THE ASSESSING OFFICER I.T.A. NO . 23 /KOL./201 3 ASSESSMENT YEAR: 200 6 - 20 0 7 PAGE 2 OF 4 UNDER SECTION 68 OF THE LOANS TAKEN BY THE ASSESSEE FROM 28 PERSONS. IT WAS THE SUBMISSION THAT THE ASSESSEE IS A PARTNER OF MAINAK RICE M ILL. IT WAS THE SUBMISSION THAT THE ASSESSEE HAD TAKEN LOANS FROM VARIOUS PADDY SUPPLIERS. IT WAS THE SUBMISSION THAT SUMMONS UNDER SECTION 131 HAD BEEN ISSUED AND ONLY 14 PERSONS APPEARED. IT WAS THE SUBMISSION THAT THE RETURN DETAILS OF ALL THE 28 PERSON S HAD BEEN PRODUCED WHEREIN THE LOANS GIVEN TO THE ASSESSEE HA D BEEN REFLECTED. IT WAS THE SUBMISSION THAT THE ISSUE WAS SQUARELY COVERED BY THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF THE HUSBAND OF THE ASSESSEE IN ITA NO. 19/KOL/ 2013 DATED 10 TH SEPTEMBER, 2014. IT WAS THE SUBMISSION THAT THE ADDITION WAS LIABLE TO BE DELETED. 4. IN REPLY, LD. SR. D.R. VEHEMENTLY SUPPORTED THE ORDER OF THE ASSESSING OFFICER AND LD. CIT(APPEALS). IT WAS THE SUBMISSION THAT THE PERSONS HAD NOT CONFI RMED THE LOANS IN THE STATEMENTS RECORDED UNDER SECTION 131. IT WAS THE SUBMISSION THAT THE ORDER OF THE LD. CIT(APPEALS) IS LIABLE TO BE CONFIRMED. 5 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PERUSAL OF THE STATEMENTS AS RECORDED BY THE PERSONS TO THE ASSESSING OFFICER AND AS REFLECTED IN THE ASSESSMENT ORDER SHOWS THAT ALL THE 14 PERSONS HAVE ADMITTED TO HAVE GIVEN LOAN S TO THE ASSESSEE. HOWEVER, THE ASSESSING OFFICER HELD THAT CREDITWORTHINESS OF THE LENDERS HA D NOT BEEN PROVED BECAUSE BANK ACCOUNTS HAVE BEEN OPENED BY THEM AND CASH WAS DEPOSITED IN THE ACCOUNTS AND CHEQUE ISSUED TO THE ASSESSEE. A PERUSAL OF THE RETURNS OF THE VARIOUS LENDERS AS FOUND IN THE PAPER BOOK SHOWS THAT ALL THE PERSONS HAVE FILED THEIR RETURNS AND HAVE ALSO SHOWN THE LOANS TO THE ASSESSEE IN THEIR RETURNS. LOAN CONFIRMATION OF ACCOUNTS FROM ALL THE PERSONS HAVE ALSO BEEN PROVIDED BY THE ASSESSEE. A PERUSAL OF THE REMAND REPORT OF THE ASSESSING OFFICER ALSO SHOWS THAT HE HAS ADMITTED THAT THE RETURNS HAD BEEN SUBMITTED BY THE LOAN CREDITORS BUT THEY HAD BEEN PROCESSED SUMMONS UNDER SECTION 1 4 3 ( 1 ) . CONSIDERING THE F ACTS OF THE I.T.A. NO . 23 /KOL./201 3 ASSESSMENT YEAR: 200 6 - 20 0 7 PAGE 3 OF 4 PRESENT CASE, IT SHOWS THAT THIS ISSUE IS SQUARELY COVERED BY THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF THE HUSBAND OF THE ASS ESSEE IN ITA NO. 19/KOL/2013 DATED 10.09.2014, WHEREIN THE COORDINATE BENCH OF THIS TRIBUNAL HAS HELD AS FOLLOWS: - 6. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PERUSAL OF THE PAPER BOOK AS FILED BY THE ASSESSEE SHOWS THAT THE ASSESSEE HAS PROVIDED PERMA NENT ACCOUNT NUMBERS AND THE CONFIRMATION OF THE LOANS BY ALL THE LOAN CREDITORS. FURTHER A PERUSAL OF THE PAPER BOOK CLEARLY SHOWS THAT ALL THE CREDITORS ARE ASSESSED TO INCOME TAX AND THEY HAVE FILED THEIR RETURNS OF INCOME FOR THE ASSESSMENT YEAR 2006 - 0 7 IN MARCH, 2007. THE ASSESSMENT IN THE CASE OF THE ASSESESE HAS BEEN INITIATED ONLY AFTER MARCH, 2007, SO OBVIOUSLY IT CANNOT BE ASSUMED THAT THE RETURNS HAD BEEN FILED BY THE CREDITORS AFTER THE INITIATION OF THE ASSESSMENT PROCEEDINGS IN THE CASE OF THE ASSESSEE. FURTHER A PERUSAL OF THE PAPER BOOK CLEARLY SHOWS THAT THE RETURN ACKNOWLEDGMENT, COMPUTATION OF INCOME ALONGWITH THE CAPITAL A/C. AND THE AFFIDAVITS OF THE CREDITORS WERE BEFORE THE ASSESSING OFFICER. THIS FACT BEING UNDISPUTED CLEARLY THE DECI SION DATED 21.09.2011 OF THE HON BLE JURISDICTIONAL HIGH COURT IN THE CASE OF DATAWARE PRIVATE LIMITED IS SQUARELY APPLICABLE ON THE FACTS OF THE ASSESSEE S CASE. CONSEQUENTLY RESPECTFULLY FOLLOWING THE DECISION OF THE HON BLE JURISDICTIONAL HIGH COURT IN THE CASE OF DATAWARE PRIVATE LIMITED REFERRED TO SUPRA AS ALSO THE DECISION DATED 15.07.2014 OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF JYOTI SARAF REFERRED TO SUPRA, THE ADDITION AS MADE BY THE ASSESSING OFFICER AND AS CONFIRMED BY THE LD. CI T(APPEALS) STANDS DELETED . IN THESE CIRCUMSTANCES, RESPECTFULLY FOLLOWING THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF MIHIR KANTI HAZRA, THE HUSBAND OF THE ASSESSEE IN ITA NO. 19/KOL/2013 DATED 10.09.2014, THE ADDITION AS MADE BY THE ASSESSING OFFICER AND AS CONFIRMED BY THE LD. CIT(APPEALS) STANDS DELETED. 6 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH DEC EM BER, 2014. SD/ - SD/ - SHAMIM YAHYA GEORGE MATHAN ( ACCOUNTANT MEMBER) ( JUDICIAL MEMBER) KOLKATA, THE 05 TH D AY OF DEC EM B ER , 201 4 I.T.A. NO . 23 /KOL./201 3 ASSESSMENT YEAR: 200 6 - 20 0 7 PAGE 4 OF 4 COPIES TO : (1) SMT. MOUSUMI HAZRA, VILL. + P.O. BHANDARDIHI, DIST. BURDWAN - 713 426 (2) INCOME TAX OFFICER, WARD - 1(4), BURDWAN, AAYAKAR BH AWAN, COURT COMPOUND, POST + DIST. BURDWAN - 713 101 (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 BENCHES, KOLKATA LAHA/SR. P.S.