Meena Vijay Joshi, Kolkata V. ITO, Ward - 44(2) , Kolkata

ITA 2500/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0319 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 30-11-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS CIT SR DR REV
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Principle of natural justice; Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER) ITA NO. 2500/KOL/2018 ASSESSMENT YEAR: 2009-10 MEENA VIJAY JOSHI....................................................APPELLANT FLAT NO. 3-D 3 RD FLOOR SHIVA HEIGHTS 171A, RAMESH DUTTA STREET KOLKATA 700 006 [PAN : ACRPJ 6009 M] VS. INCOME TAX OFFICER, WARD-44(2), KOLKATA..................RESPONDENT APPEARANCES BY: SHRI MIRAJ D. SHAH, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE . SHRI RANU BISWAS, ADDL. CIT SR. D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MARCH 28 TH , 2019 DATE OF PRONOUNCING THE ORDER : MARCH 29 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 13, KOLKATA, (LD. CIT(A)) PASSED U/S. 250 OF THE INCOME TAX ACT, 1961, (THE ACT), DT. 28/04/2015, FOR THE ASSESSMENT YEAR 2009-10. 2. AFTER HEARING RIVAL CONTENTIONS I FIND THAT THE LD. CIT(A) HAS PASSED AN EX- PARTE ORDER. THE ISSUE THAT ARISES IN THIS APPEAL IS THE DISPUTE ON THE ADDITION MADE BY THE ASSESSING OFFICER OF THE DIFFERENCE BETWEEN THE INTEREST CREDITED BY THE BANK TO THE BANK ACCOUNT OF THE ASSESSEE AND THE INTEREST RECOGNISED BY THE ASSESSEE IN ITS BOOKS OF ACCOUNT. THE CASE OF THE ASSESSEE IS THAT, IT RECOGNISED INTEREST INCOME ON RECEIPT BASIS AND WHEREAS THE BANK CREDITS THE INTEREST ON ACCRUAL BASIS AND DEDUCTS TAX THEREFROM. THE DIFFERENCE WAS EXPLAINED AS ONE OF TIMING OF RECOGNITION OF INCOME. 2.1. IN MY VIEW, THIS ISSUE HAS TO BE VERIFIED. IF THE ASSESSEE HAS RECOGNISED THE INCOME IN QUESTION IN THE SUBSEQUENT ASSESSMENT YEAR, IN MY VIEW NO ADDITION CAN BE MADE ON ACCOUNT OF THIS DIFFERENCE AS IT WOULD BE A DOUBLE ADDITION. 2 ITA NO. 2500/KOL/2018 ASSESSMENT YEAR: 2009-10 MEENA VIJAY JOSHI 3. IN VIEW OF THE ABOVE DISCUSSION AND IN VIEW OF THE VIOLATION OF PRINCIPLES OF NATURAL JUSTICE, I SET ASIDE THE MATTER TO THE FILE OF THE ASSESSING OFFICER, FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 29 TH DAY OF DECEMBER, 2018. SD/- [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED : 29.03.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. MEENA VIJAY JOSHI FLAT NO. 3-D 3 RD FLOOR SHIVA HEIGHTS 171A, RAMESH DUTTA STREET KOLKATA 700 006 2. INCOME TAX OFFICER, WARD-44(2), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES