Shri Ram Pravesh Sharma, Kolkata V. ACIT, Circle - 53(1), Kolkata , Kolkata

ITA 2541/KOL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1552 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 26-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJ EE CITD
• Assessee Lawyers: SAJAL DEB
• Keywords: Opportunity of being heard; Application of stay
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENC H : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM & DR. ARJU N LAL SAINI, AM] S.A.NO.01/KOL/2018 (A/O I. T.A NO.2541/KOL/2017) ASSESSMENT YEAR : 2014-1 5 SHRI RAM PRAVESH SHARMA -VS.- A.C.I.T., CI RCLE-53, KOLKATA KOLKATA [PAN : ACFPR 3038 L] (APPELLANT) (RESPONDENT) I.T.A NO.2541/KOL/2017 ASSESSMENT YEAR : 2014-1 5 SHRI RAM PRAVESH SHARMA -VS.- A.C.I.T., CI RCLE-53, KOLKATA KOLKATA [PAN : ACFPR 3038 L] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI SAJAL DEB, ADVOCATE FOR THE RESPONDENT : SHRI ARINDAM BHATTACHARJ EE, ADDL. CIT(DR) DATE OF HEARING : 09.02.2018. DATE OF PRONOUNCEMENT : 14.02.2018 ORDER PER N.V.VASUDEVAN, JM S.A.NO.01/KOL/2018 IS A STAY APPLICATION FILED BY THE ASSESSEE PRAYING FOR AN ORDER OF STAY OF RECOVERY OF OUTSTANDING DEMAND OF A SUM OF RS.7,06,520/- IN RELATION TO A.Y.2014-15. ITA NO.2541/KOL/2017 IS AN APPEAL BY T HE ASSESSEE AGAINST THE ORDER DATED 31.10.2017 OF CIT(A)-16, KOLKATA RELATING TO A.Y.2014-15. 2. WHEN THE STAY APPLICATION CAME UP FOR HEARING I T WAS AGREED BY THE PARTIES THAT THE STAY APPLICATION AS WELL AS THE APPEAL CAN BE D ECIDED TOGETHER AS THE ISSUE INVOLVED IN THE APPEAL LIES A VERY NARROW COMPASS. 2 S.A.NO.01/KOL/2018 ITA NO.2541/KOL/2017 SHRI RAM PRAVESH SHARMA A.YR.2014-15 2 3. HE ASSESSEE IS AN INDIVIDUAL. FOR A.Y.2014-15 HE FILED RETURN OF INCOME DECLARING TOTAL INCOME OF RS.58,43,530/-. THE ASSES SMENT WAS COMPLETED BY THE AO U/S 144 OF THE INCOME TAX ACT, 1961 (ACT)VIZ. BEST JUDG MENT ASSESSMENT. THE ASSESSEE COULD NOT PARTICIPATE IN THE PROCEEDINGS BEFORE THE AO. THE AO NOTICED THAT THE ASSESSEE HAD PURCHASED JOINTLY IN HIS NAME AND HIS WIFE MRS. LAL KUMARI DEVI AN APARTMENT AT 1004, 10 TH FLOOR, TOWER NO.E6, EDEN CITY MAHESHTALA MEASURING 1524 SQ.FT WITH A COVERED PARKING FROM EDEN REAL ESTATES PRIVATE LIMITED FOR A CONSIDERATION OF RS.28,94,140/-. THE SALE DEED WAS REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR ON 14.02.2014. FOR THE PURPOSE OF STAMP DUTY THE VALU ATION OF THE PROPERTY WAS VALUED AT RS.45,58,800/-. THE AO ADDED THE DIFFERENCE BETWEEN RS.48,58,800/- AND RS.RS.28,94,140/- VIZ A SUM OF RS.16,64,660/- UNDER THE HEAD INCOME FROM OTHER SOURCES U/S 56(2)(VII)(B)(II) OF THE ACT. AGGRIEVED BY THE ORDER OF AO THE ASSESSEE PREFERRED APPEAL BEFORE THE CIT(A). EVEN BEFORE CIT (A) THE ASSESSEE HAD NOT APPEARED AND THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE EXPARTE FOR NON PROSECUTION. 4. AGGRIEVED BY THE ORDER OF CIT(A) THE ASSESSEE HA S PREFERRED THE PRESENT APPEAL BEFORE THE TRIBUNAL. 5. THE ASSESSEE HAS FILED AN AFFIDAVIT BEFORE THE T RIBUNAL POINTING OUT THAT HE HAS A HANDICAPPED SON BY NAME PREM RANJAN SHARMA, WHO WAS EMPLOYED AT NALANDA IN BIHAR. IT HAS BEEN POINTED OUT THAT IN THE MONTH OF OCTOBER & NOVEMBER, 2016 AND AGAIN IN THE MONTH OF MARCH AND APRIL, 2017 THE ASS ESSEES SON WAS NOT WELL AND THEREFORE HE HAD TO PROCEED TO NALANDA TO ATTEND HI M. SINCE THE ASSESSEE WAS NOT PRESENT IN HIS RESIDENCE THE NOTICES OF HEARING OF APPEAL WERE NOT WITHIN THE KNOWLEDGE OF THE ASSESSEE. IT IS DUE TO THIS REASON THAT THER E WAS NON APPEARANCE OF THE ASSESSEE BEFORE CIT(A). THE LD. COUNSEL PRAYED THAT THE ORDE R OF CIT(A) MAY BE SET ASIDE AND THE ISSUE RAISED BY THE ASSESSEE ON THE IMPUGNED AD DITION OF RS.16,64,660/- BE SET ASIDE TO THE AO FOR FRESH CONSIDERATION SO THAT THE AO SH ALL EXAMINE THE MATTER IN DEPTH AFTER 3 S.A.NO.01/KOL/2018 ITA NO.2541/KOL/2017 SHRI RAM PRAVESH SHARMA A.YR.2014-15 3 DUE COMPLIANCE BY THE ASSESSEE. THE LD. DR OPPOSED THE PRAYER OF THE ASSESSEE FOR GRANT OF AN ORDER OF STAY OF RECOVERY OF OUTSTANDING DEMA ND. WITH REGARD TO THE PRAYER SEEKING FOR SETTING ASIDE OF ORDER OF CIT(A) AND R EMAND TO THE AO THE LD. DR PLACED RELIANCE ON THE ORDER OF THE CIT(A). 6. WE HAVE GIVEN A VERY CAREFUL CONSIDERATION TO TH E RIVAL SUBMISSIONS AND ARE OF THE VIEW THAT THE ASSESSEES NON APPEARANCE BEFORE CIT(A) WAS NOT WILLFUL AND THERE WAS SUFFICIENT CAUSE FOR HIS NON APPEARANCE. WE AL SO FIND THAT THE AO HAS FRAMED THE ASSESSMENT EXPARTE. IN THESE CIRCUMSTANCES WE ARE O F THE VIEW THAT IT WOULD BE IN THE INTEREST OF JUSTICE TO SET ASIDE THE ORDER OF CIT(A ) AND REMAND TO THE AO FOR FRESH CONSIDERATION THE ISSUE WITH REGARD TO THE ADDITION OF A SUM OF RS.16,64,660/-. THE AO SHALL AFFORD OPPORTUNITY OF BEING HEARD TO THE ASSE SSEE AND THEREAFTER DECIDE THE ISSUE IN ACCORDANCE WITH LAW. FOR STATISTICAL PURPOSES THE A PPEAL OF THE ASSESSEE IS TREATED AS ALLOWED. IN VIEW OF THE DECISION IN THE APPEAL THE STAY APPLICATION DOES NOT REQUIRE ANY CONSIDERATION AND THE SAME IS DISMISSED AS INFRUCTU OUS. 7. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE I S ALLOWED WHILE THE STAY APPLICATION FOR GRANT OF STAY IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE COURT ON 14.02.2018 SD/- SD/- [DR.A.L.SAINI] [ N.V.VASUDEVAN ] ACCOUNTANT MEMBER JUDICIAL ME MBER DATED : 14.02.2018 [RG SR.PS] 4 S.A.NO.01/KOL/2018 ITA NO.2541/KOL/2017 SHRI RAM PRAVESH SHARMA A.YR.2014-15 4 COPY OF THE ORDER FORWARDED TO: 1. SHRI RAM PRAVESH SHARMA, SHRI SAJAL DEB, ADVOCAT E, 56, PURBACHAL (2 ND LANE), P.O.RAHARA, KOLKATA-700 118. 2. A.C.I.T., CIRCLE-53(1), KOLKATA. 3. CIT(A)-16, KOLKATA 4. C.I.T-18, KOLKA TA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECR ETARY HEAD OF OFFICE/ D.D.O., ITAT KOLKATA BENCHES