M/s Govind Lal Digga, Kolkata V. I.T.O.,Ward-45(2), Kolkata

ITA 2591/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4506 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 16-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Section: 250; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER] I.T.A. NO. 2591/KOL/2019 ASSESSMENT YEARS: 2006-07 M/S. GOVIND LAL DIGGA........................................................................................................APPELLANT [PAN: AACFG 4663 K] VS. ITO, WARD-45(2), KOLKATA.....................................................................RESPONDENT APPEARANCES BY: SH. ANIL KOCHAR, ADV., APPEARED ON BEHALF OF THE ASSESSEE. SH. JAYANTA KHANRA, JCIT, SR. DR, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : FEBRUARY 10 TH , 2020 DATE OF PRONOUNCING THE ORDER : FEBRUARY 26 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-21, KOLKATA [CIT(A) FOR SHORT] DATED 24.10.2019 U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT) FOR AY 2006-07. 2. THERE IS ONLY ONE ADDITION IN DISPUTE IN THIS APPEAL AND IT PERTAINS TO AN AMOUNT OF 5,72,000/- ADDED AS UNDISCLOSED INCOME. THE LD. CIT(A) AT PARA 15 STATED AS FOLLOWS: I HAVE PERUSED THE ASSESSMENT ORDER AND GROUNDS RAISED BY THE LD. A/R OF THE APPELLANT. THE LD. A/R CONTENDED THAT THE LOAN GIVEN BY BOTH THE CREDITORS ARE EVIDENCED AND CREDITORS ARE ASSESSED TO TAX. BUT, NEITHER DURING THE ASSESSMENT PROCEEDINGS NOR DURING THE REMAND PROCEEDINGS, THE APPELLANT COULD SATISFY THE AO FOR VERIFICATION OF SOURCES OF THESE LOANS. ONE OF THE LOAN CREDITORS M/S B. M. CREATION COULD NOT BE LOCATED BY THE DEPARTMENT PERSON. MOREOVER, IN THE REMAND REPORT DATED 16-03-2010, THE AO HAS COMMENTED THAT BOTH THE LOAN CREDITORS HAD FILED THEIR RETURN OF INCOME BELATEDLY AND ONE OF CREDITORS MR. GOPAL DAS DIGA HAS NOT FILED HIS RETURN OF INCOME FOR THE RELEVANT A.Y. 2006-07. THE AO COULD NOT VERIFY SOURCES OF THESE FUNDS IN THE HANDS OF THE LOAN CREDITORS AND THEREFORE, GENUINITY & CREDITWORTHINESS OF THE LOAN CREDITORS COULD NOT BE ESTABLISHED. HENCE, ADDITION MADE BY THE AO FOR RS. 5,72,000/- ON ACCOUNT OF MONEY FROM UNDISCLOSED SOURCES IN DISGUISE OF LOAN AND INR 2,114/- ON ACCOUNT OF CONSEQUENTIAL DISALLOWANCE OF INTEREST ON SUCH LOAN IS HEREBY UPHELD AND GROUNDS OF THE APPELLANT IN THIS BEHALF ARE DISMISSED. 3. THE LD. COUNSEL FOR THE ASSESSEE STRONGLY DISPUTED THESE FINDINGS AND SUBMITTED THAT WHEN BOTH THE LOAN CREDITORS ARE ASSESSED TO TAX AND ARE IDENTIFIED, NO ADDITION SHOULD BE MADE U/S 68 OF THE ACT. 2 I.T.A. NO. 2591/KOL/2019 ASSESSMENT YEARS: 2006-07 M/S. GOVIND LAL DIGGA. 4. THE LD. DR SUBMITTED THAT THE CREDITWORTHINESS OF THE LOAN CREDITORS WAS NOT PROVED. 5. BOTH THE PARTIES AGREED THAT THE ISSUE MAY BE RESTORED TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. SIMPLY BECAUSE, THE LOAN CREDITORS COULD NOT BE LOCATED ON THE ADDRESS GIVEN IN THE LOAN CONFIRMATION DATA, AFTER A NUMBER OF YEARS AN ADDITION U/S 68 OF THE ACT CANNOT BE MADE. IN VIEW OF THE SUBMISSIONS OF BOTH THE PARTIES I RESTORE THE MATTER TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 26 TH FEBRUARY, 2020. SD/- [J. SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED: 26.02.2020 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. M/S. GOVIND LAL DIGGA, GROUND FLOOR, 16, PAGEYA PUTTY STREET, BURRA BAZAR, WEST BENGAL-700 007. 2. ITO, WARD-45(2), KOLKATA. 3. CIT(A)-21, KOLKATA. (SENT THROUGH E-MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES