M/s. Rasha Ind. Pvt. Ltd., , Kolkata V. DCIT, Circle - 4(2) , Kolkata

ITA 2674/KOL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5166 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 26-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS; Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI ABY. T. VARKEY, JUDICIAL MEMBER] I.T.A. NO. 2674/KOL/2018 ASSESSMENT YEAR: 2015-16 M/S. RASHA IND. PVT. LTD....................................................................................................APPELLANT [PAN: AABCR 4920 Q] VS. DCIT, CIRCLE-4(2), KOLKATA..............................................RESPONDENT APPEARANCES BY: SH. A.K. TULSIYAN, FCA, APPEARED ON BEHALF OF THE ASSESSEE. SH. VIJAY SHANKAR, CIT(DR) APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 16 TH , 2020 DATE OF PRONOUNCING THE ORDER : FEBRUARY 19 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)-2, KOLKATA [CIT(A) FOR SHORT] DATED 15.10.2018 U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT) FOR AY 2015-16. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT, THE AO PASSED A BEST-JUDGMENT ASSESSMENT ORDER BY REJECTING THE BOOKS OF ACCOUNTS AND IN THAT PROCESS HAD CONSIDERED THE TURNOVER, BASED ON THE CLAIMS MADE BY THE ASSESSEE FOR CREDIT OF TAX DEDUCTED AT SOURCE. HE SUBMITTED THAT TURNOVER PERTAINING TO SOME OF THE CLAIMS OF CREDIT OF TDS HAVE BEEN ACCOUNTED FOR BY THE ASSESSEE IN THE EARLIER ASSESSMENT YEAR AND THAT THE ORDER OF THE AO BRINGING TO TAX INCOME ON SUCH TURN OVER WHICH WAS ALREADY DISCLOSED AND TAXED IN THE EARLIER ASSESSMENT YEAR, RESULTED IN DOUBLE ADDITION. HE SUBMITTED A PAPER BOOK IN SUPPORT OF HIS CONTENTIONS AND REQUESTED THAT THE MATTER BE SET ASIDE TO THE FILE OF THE AO FOR FRESH VERIFICATION AND ADJUDICATION IN ACCORDANCE WITH LAW AND SPECIFICALLY FOR VERIFYING THIS CLAIM OF THE ASSESSEE OF DOUBLE ADDITION. 3. THE LD. DR SUBMITTED THAT THE ASSESSEE HAD NOT PRODUCED HIS BOOKS OF ACCOUNT BEFORE THE LOWER AUTHORITIES AND THAT THE ISSUE MAY BE RESTORED TO THE FILE OF THE AO FOR 2 I.T.A. NO. 2674/KOL/2018 ASSESSMENT YEAR: 2015-16 M/S. RASHA IND. PVT. LTD. VERIFYING THE CLAIM OF THE ASSESSEE AND SUBMITTED THAT AT THE SAME TIME A SPECIFIC DIRECTION BE GIVEN TO THE ASSESSEE TO PRODUCE NOT ONLY THE BOOKS OF THE CURRENT YEAR BEFORE THE AO BUT ALSO THE BOOKS OF THE PREVIOUS YEARS IN WHICH THE TURNOVER IN QUESTION RELATABLE TO THE TDS CREDIT CLAIM IN THIS YEAR HAS BEEN ACCOUNTED FOR. 4. THE LD. COUNSEL FOR THE ASSESSEE UNDERTOOK TO PRODUCE THE BOOKS OF ACCOUNTS FOR ALL THE YEARS AS MAY BE DIRECTED BY THE AO TO ENABLE SUCH VERIFICATION. 5. IN VIEW OF THE ABOVE, WE RESTORE THE ISSUE 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 19 TH FEBRUARY, 2020. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 19.02.2020 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. M/S. RASHA IND. PVT. LTD., EAST INDIA HOUSE, 20B ABDUL HAMID STREET, 3 RD FLOOR, SUIT NO. 3F, KOLKATA-700 069. 2. DCIT, CIRCLE-4(2), KOLKATA. 3. CIT(A)-2, 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