Md. Majedhar Rahaman, Kolkata V. ITO, Ward - 55(3) , Kolkata

ITA 2663/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2128 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 12-06-2019
• Assessment Year: 2003-2004
• Appeal Filed On: 24-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHURY CIT SR DR R
• Assessee Lawyers: ANINDRANATH CHATTERJEE
• Keywords: Salary income
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER] I.T.A. NO. 2663/KOL/2018 ASSESSMENT YEAR: 2003-04 MD. MAJEDAR RAHAMAN..............APPELLANT BC-248 SECTOR-1 SALT LAKE KOLKATA 700 064 [PAN : AFWPR 2879 F] INCOME TAX OFFICER, WARD 55(3), KOLKATA.......................................................RESPONDENT APPEARANCES BY: SHRI ANINDRA NATH CHATTERJEE, FCA, APPEARED ON BEHALF OF THE ASSESSEE. SHRI ROBIN CHOUDHURY, ADDL. CIT SR. D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JUNE 12 TH , 2019 DATE OF PRONOUNCING THE ORDER : JUNE 19 TH , 2019 O R D E R PER J. SUDHAKAR REDDY :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 17, KOLKATA, (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 14/11/2018, FOR THE ASSESSMENT YEAR 2003-04. 2. THE ASSESSEE IS A RETIRED EMPLOYEE OF THE DIRECTORATE OF FORESTS, GOVERNMENT OF WEST BENGAL. HE DERIVES INCOME FROM SALARY. DURING THE YEAR, HE INCURRED CERTAIN REPAIRS AND RENOVATION EXPENDITURE TO HIS PROPERTY. HE DECLARED THAT AN AMOUNT OF RS.3,60,000/- WAS INVESTED BY HIM TOWARDS CONSTRUCTION/RENOVATION. THIS WAS SUPPORTED BY BILLS AND VOUCHER, AS WELL AS A REPORT OF THE REGISTERED VALUER OF THE INCOME TAX DEPARTMENT. THE ASSESSING OFFICER REFERRED THE VALUATION OF THE RENOVATION AND REPAIRS TO THE DEPARTMENTAL VALUATION OFFICER (DVO). THE DVO ESTIMATED THE COST OF CONSTRUCTION AT RS.5,73,692/-. THE ASSESSING OFFICER FOUND THAT THE ASSESSEE HAD SOURCE FOR AN AMOUNT OF RS.5,34,564/- AND WHERE AS HE HAD OUTGOINGS OF RS.8,22,394/-, AFTER 2 I.T.A. NO. 2663/KOL/2018 ASSESSMENT YEAR: 2003-04 MD. MAJEDAR RAHAMAN TAKING INTO ACCOUNT THE COST OF CONSTRUCTION AT RS.5,73,692/-. THE DIFFERENCE OF RS.2,87,830/- WAS ADDED. ON APPEAL, THE LD. CIT(A) CONFIRMED THE SAME. 3. AGGRIEVED THE ASSESSEE IS IN APPEAL BEFORE ME. 4. AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE ENTIRE ADDITION IS BASED ON THE OPINION OF THE DVO. THE ASSESSEE HAS FURNISHED THE BILLS AND VOUCHERS IN SUPPORT OF THE RENOVATION/CONSTRUCTIONS. THE AMOUNT DECLARED BY THE ASSESSEE TOWARDS COST OF RENOVATION/CONSTRUCTION IS SUPPORTED BY THE REPORT OF THE REGISTERED VALUER. THERE IS NO REASON GIVEN BY THE ASSESSING OFFICER TO REJECT THIS EVIDENCE AND RELY SOLELY UPON THE VALUATION OF THE DVO. IT IS WELL SETTLED THAT THE VALUATION GIVEN BY THE DVO IS JUST ON OPINION AND NOT FACTS. IT IS AN ESTIMATION. IN VIEW OF THE FACT THAT THE ASSESSEE HAS MAINTAINED DETAILED VOUCHERS AND SUPPORTED THE COSTS OF CONSTRUCTION DECLARED BY HIM, WE DELETE THE ADDITION MADE AND ALLOW THIS APPEAL OF THE ASSESSEE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 19 TH DAY OF JUNE, 2019. SD/- [ J. SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED : 19.06.2019 {SC SPS} 3 I.T.A. NO. 2663/KOL/2018 ASSESSMENT YEAR: 2003-04 MD. MAJEDAR RAHAMAN COPY OF THE ORDER FORWARDED TO: 1. MD. MAJEDAR RAHAMAN BC-248 SECTOR-1 SALT LAKE KOLKATA 700 064 2. INCOME TAX OFFICER, WARD 55(3), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES