Sri Vishnu Kumar Murarka, Kolkata V. I.T.O.,Ward-40(1), Kolkata

ITA 2382/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5902 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 05-02-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 31-10-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Business income
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.2382/KOL/2019 ASSESSMENT YEAR:2015-16 SRI VISHNU KUMAR MURARKA 68, COTTON STREET, BURRABAZAR, KOLKATA-007 [ PAN NO. ADWPM 0775 B ] / V/S . INCOME TAX OFFICER WARD-40(1), 3, GOVT. PLACE, KOLKATA-700 001 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI MANISH TIWARI, FCA /BY RESPONDENT SHRI JAYANTA KHANRA, JCIT-SR-DR /DATE OF HEARING 05-02-2020 /DATE OF PRONOUNCEMENT 14-02-2020 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2015-16 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-12 KOLKATAS O RDER DATED 28.08.2019 PASSED IN CASE NO.10083/CIT(A)-12/KOL/2017-18, INVOLVING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE THAT A RISES FOR MY APT ADJUDICATION IN THE INSTANT LIS IS THAT OF CORRECTNESS OF THE LOWER AUTHORITIES ACTION ADDING THE AMOUNT IN DISPUTE OF 30,00,777/- ADDED IN BOTH THE LOWER PROCEEDINGS. TH E ASSESSEES ONLY PLEA BEFORE THE LOWER AUTHORITIES WAS THAT THE SAME REPRESENTED TRANSPORTATION RECEIPTS FROM M/S CENTURY PLYBOARD LTD. WHICH COULD NOT BE R ECONCILED AFTER BEING GRANTED OPPORTUNITY IN SCRUTINY AS WELL AS IN THE LOWER APP ELLATE PROCEEDINGS. THE FACT ALSO REMAINS THAT THIS ASSESSEE HAS NO OTHER BUSINESS AC TIVITY THAN CARRYING OUT TRANSPORTATION WORKS ONLY. THIS CLINCHING FACT HAS GONE UNREBUTTED FROM THE REVENUE ITA NO.2382/KOL/2019 A.Y.2015-16 SRI VISHNU KR. MURARKA VS. ITO WD-40(1) , KOL PA GE 2 SIDE. I DEEM IT APPROPRIATE TO TREAT THE ENTIRE SUM AS ASSESSEES BUSINESS INCOME FROM TRANSPORTATION WHICH LIABLE TO BE ASSESSED QUA PROFIT ELEMENT ONLY. I THEREFORE DIRECT THE ASSESSING OFFICER TO RESTRICT THE IMPUGNED ADDI TION TO A LUMP SUM AMOUNT OF 2,00,000/- WHICH SHALL NOT BE TREATED AS A PRECEDEN T IN ANY OTHER ASSESSMENT YEAR. THE ASSESSEE GETS PART RELIEF OF 28,00,777/-. NECESSARY COMPUTATION TO FOLLOW AS PER LAW. 3. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN OPEN COURT ON 14/02/2020 SD/- (S.S. GODARA) JUD ICIAL MEMBER KOLKATA, *DKP/SR.PS - 14/02/2020 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SRI VISHNU KR. MURARKA, 68, COTTON STREE T, BURABAZAR KOLKATA-700 00 7 2. /RESPONDENT-ITO WARD-40(1), 3,GOVT. PLACE, KOLKATA- 700 001 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',