Ricky Chandha, Kolkata V. Income Tax Officer-Ward-29(4), Kolkata, Kolkata

ITA 2619/KOL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100246 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 18-11-2013
• Court: TRIBUNAL
• Department Lawyers: RAJENDRA PRASAD
• Assessee Lawyers: TAPAN KR CHAKRABORTY
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC B BENC H: KOLKATA [BEFORE SHRI MAHAVIR SINGH, JM] I.T.A NO.2619/KOL/2013 ASSESSMENT YEAR: 2009-10 RICKY CHANDRA VS. INCOME-TAX OFFICER, WD-29(4), KOLKATA (PAN: ADOPC8548E) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 07.12.2015 DATE OF PRONOUNCEMENT: 11.12.2015 FOR THE APPELLANT: SHRI TAPAN KR. CHAKRABORTY, ADV OCATE FOR THE RESPONDENT: SHRI RAJENDRA PRASAD, JCIT, SR. DR ORDER THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-XVI, KOLKATA VIDE APPEAL NO. 73/CIT(A)-XVI/WD-29(4)/11-12 DATED 28.10 .2013. ASSESSMENT WAS FRAMED BY ITO, WD-29(4), KOLKATA U/S. 143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2009- 10 VIDE HIS ORDER DATED 13.12.2011. 2. IN THIS APPEAL OF ASSESSEE, THE ASSESSEE HAS RAI SED VARIOUS GROUNDS BUT DURING THE COURSE OF HEARING LD. COUNSEL FOR THE ASSESSEE CLEA RLY ADMITTED THAT ONLY 50% OF THE INTEREST INCOME SHOULD BE ASSESSED IN THE HANDS OF THE ASSESSEE BEING ONE OF THE LEGAL HEIRS. 3. I HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. I FIND THAT THE OMBUDSMAN OF INCOME-TAX DEPA RTMENT, KOLKATA VIDE ITS ORDER NO. I.T.OMBUDSMAN/2007-08/26 DATED 31.03.2008 HAS CLEAR LY ADMITTED THAT THERE ARE TWO LEGAL HEIRS OF LATE DR DHRUBA CHANDRA, THE PRESENT ASSESSEE ALONG WITH HIS MOTHER AND BOTH OF THEM HAVE BEEN CLAIMING REFUND ALL ALONG. T HE FOLLOWING IS THE OBSERVATION OF OMBUDSMAN OF INCOME-TAX DEPARTMENT: DR. DHRUBA CHANDRA, WHO EARLIER WORKED AS A SCIEN TIST IN CANADA, DISCLOSED IN HIS RETURN INCOME MAINLY OF INTEREST FROM HIS NRI ACCOU NT. DR. CHANDRA WHO PERSONALLY SIGNED HIS RETURN FOR THE ASSESSMENT YEAR 1999-2000 CLAIMING A REFUND OF RS.1,22,665/- SUDDENLY DISAPPEARED IN FEBRUARY 2000 AND HAS BEEN MISSING SINCE THEN. NEITHER HIS FAMILY NOR THE POLICE HAVE BEEN ABLE TO TRACE HIM O UT TILL NOW. RICKY CHANDRA, HIS SON AND ONLY CHILD HAS BEEN FILING HIS RETURNS THEREAFT ER FROM A.YRS. 2001-02 TO 2003-04 CLAIMING REFUND FOR ALL THE YEARS JOINTLY WITH HIS MOTHER. THE REFUNDS ALTHOUGH DETERMINED ON FILE HAVE NOT BEEN ISSUED TILL DATE. 2 ITA NO.2619/K/2013 RICKY CHANDRA AY 2009-10 4. IN VIEW OF THE ABOVE, LD. COUNSEL FOR THE ASSESS EE STATED THAT OUT OF THE TOTAL INTEREST INCOME OF RS.6,68,513/-, ONLY 50% IS TO BE TAKEN IN THE CASE OF THE ASSESSEE AND BALANCE 50% SHOULD BE ASSESSED IN THE HANDS OF ASSE SSEES MOTHER, WHO IS ALSO LEGAL HEIR OF DR. DHRUBA CHANDRA. LD. SR. DR HAS NOT OBJECTED TO THE PROPOSAL OF THE ASSESSEE AND ALSO NOT CONTROVERTED THE FACT THAT DR. DHRUBA CHAN DRA WAS HAVING TWO LEGAL HEIRS, HIS WIFE AND HIS SON THE PRESENT ASSESSEE. IN TERM OF T HE ABOVE, I SET ASIDE THIS ISSUE TO THE FILE OF AO AND DIRECT HIM TO ASSESS ONLY 50% INCOME PERTAINING TO DR. DHRUBA CHANDRA IN THE HANDS OF THE ASSESSEE AND BALANCE 50% CAN BE ASSESSED IN THE HANDS OF DR. DHRUBA CHANDRAS WIFE, WHO IS ONE OF THE LEGAL HEIRS, ACCO RDING TO LAW. IN TERM OF THE ABOVE, THIS APPEAL OF ASSESSEE IS ALLOWED PARTLY. 5. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED PAR TLY. 6. ORDER IS PRONOUNCED IN THE OPEN COURT ON 11.12.2 015. SD/- (MAHAVIR SINGH) JUDICIAL MEMBER DATED : 11TH DECEMBER, 2015 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT SHRI RICKY CHANDRA, 68A, PEARY MOHA N ROY ROAD, KOLKATA-700 027. 2 RESPONDENT ITO, WD-29(4), KOLKATA. 3. THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .