Kala Baran Banerjee, Paschim Medinipur V. ITO, Ward - 38(1), Midnapore, Midnapore

ITA 2363/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8512 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 28-10-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Section: 250; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER) [VIRTUAL COURT HEARING] ITA NO. 2363/KOL/2019 ASSESSMENT YEARS: 2008-09 KALA BARAN BANERJEE....................................................................APPELLANT UTTAR SIRSHA P.O. SIRSHA P.S. KESHPUR DIST. PASCHIM MEDINIPUR WEST BENGAL - 721101 [PAN : AJSPB 5857 D] VS. INCOME TAX OFFICER, WARD - 38(1), MIDNAPORE........................RESPONDENT APPEARANCES BY: NONE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI JAYANTA KHANRA, JCIT SR. D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 13 TH , 2020 DATE OF PRONOUNCING THE ORDER : JULY 13 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 11, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 25/06/2019 FOR THE ASSESSMENT YEAR 2008-09. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS NO APPLICATION FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES, WE DISPOSE OFF THE CASE EX-PARTE ON MERITS QUA THE ASSESSEE AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE. 3. HEARD THE LD. D/R. THIS IS THE SECOND ROUND OF ASSESSMENT PROCEEDINGS. THE GROSS PROFIT (GP) WAS ESTIMATED AT 4.7% AND THE PAYMENT OF LIC WAS ADDED TO THE TOTAL INCOME. ON CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE I REDUCE THE ADDITION OF GROSS PROFIT TO RS.2,00,000/- AND DELETE THE ADDITION MADE ON ACCOUNT OF PAYMENT OF LIC. THUS, THE ASSESSEE GETS PART RELIEF. 4. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED IN PART. KOLKATA, THE 13 TH DAY OF JULY, 2020. SD/- [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 13.07.2020 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. KALA BARAN BANERJEE UTTAR SIRSHA P.O. SIRSHA P.S. KESHPUR DIST. PASCHIM MEDINIPUR WEST BENGAL - 721101 2. INCOME TAX OFFICER, WARD - 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 2 38(1), MIDNAPORE 5. CIT(DR), KOLKATA BENCHES, KOLKATA. ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES ITA NO. 2363/KOL/2019 ASSESSMENT YEARS: 2008-09 KALA BARAN BANERJEE TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES