Shri Ram Swaroop Bajaj, Kolkata V. ITO, Wd.36(1), Kolkata, Kolkata

ITA 276/KOL/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1609 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 13-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANKIT JALAN
• Keywords: Unexplained cash credit
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D, BENC H KOLKATA BEFORE SHRI A. T. VARKEY, JM & DR. A.L.SAINI, AM ./ ITA NO.276/KOL/2017 ( / ASSESSMENT YEAR : 2011-2012) SHRI RAM SWAROOP BAJAJ, 2, LAL BAZAR STREET, TODI CHAMBERS, ROOM NO. 306, KOLKATA-700001 VS. ITO, WARD 36(1), KOLKATA ./ ./PAN/GIR NO. : AEFPB 2300 D ( /ASSESSEE ) .. ( / RESPONDENT ) /ASSESSEE BY : SHRI ANKIT JALAN, AR /REVENUE BY : SHRI NICHOLAS MURMU, JCIT / DATE OF HEARING : 19/06/2017 !'# /DATE OF PRONOUNCEMENT 07/ 07/2017 . / O R D E R PER DR.ARJUN LAL SAINI, AM: THE CAPTIONED APPEAL FILED BY THE ASSESSEE, PERTAI NING TO ASSESSMENT YEAR 2011-12, IS DIRECTED AGAINST THE O RDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX(APPEALS)-10, KOLKATA, IN APPEAL NO. 287 CIT(A)-10/WD-36 (1)/14-15/ KOL DATED 30.11.2016, WH ICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE AO U/S 143(3) OF THE INCO ME TAX ACT 1961, (HEREINAFTER REFERRED TO AS THE ACT), DATED 14.03 .2014. 2. BRIEF FACTS OF THE CASE QUA THE ASSESSEE ARE THA T THE ASSESSEE FILED ITS RETURN OF INCOME FOR ASSESSMENT YEAR 2011-12 O N 04.09.2012 DECLARING TOTAL INCOME AT RS. 1,81,730/-. ASSESSEE S CASE WAS SELECTED FOR SCRUTINY U/S 143(3) OF THE ACT AND THE AO HAS C OMPLETED THE ASSESSMENT BY MAKING ADDITION ON ACCOUNT OF INTERE ST AT RS. 1,68,000/- AND UNEXPLAINED CASH CREDIT U/S 68 OF RS. 7,50,000/ -. 3. DISSATISFIED WITH THE ORDER OF THE ASSESSING OFF ICER, THE ASSESSEE FILED AN APPEAL BEFORE THE COMMISSIONER OF INCOME-TAX (AP PEAL) WHO HAS CONFIRMED THE ORDER PASSED BY THE ASSESSING OFFICER . ITA NO.276/17 RAM SWAROOP BAJAJ 2 4. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE LD. CIT(A) DID NOT GIVE OPPORTUNITY TO THE ASSESSEE TO REPLY THE REMAND REPORT WHICH WAS TAKEN BY THE LD. CIT(A) FROM THE ASSESSIN G OFFICER. THE LD. COUNSEL SUBMITTED THAT THE ASSESSEE FILED SIMILAR D OCUMENTS FOR ASSESSMENT YEAR 2008-09, 2009-10 AND 2010-11 BEFORE THE LD. CIT(A).THE ASSESSEE COULD NOT PRODUCE CERTAIN DOCUM ENTS BEFORE THE ASSESSING OFFICER FOR THE ASSESSMENT YEAR UNDER CON SIDERATION AND THE SAID DOCUMENTS, ARE NOW AVAILABLE WITH HIM AND WILL BE SUBMITTED BY HIM BEFORE THE LD CIT(A). FURTHER, THE ASSESSEE HAS PRO DUCED CERTAIN DOCUMENTS AND EVIDENCES BEFORE THE COMMISSIONER OF INCOME-TAX (APPEAL) AND LD. COMMISSIONER OF INCOME-TAX (APPEAL ) SENT THESE DOCUMENTS TO THE ASSESSING OFFICER TO MAKE THE REMA ND REPORT. AFTER GETTING THE REMAND REPORT THE ASSESSEE WANTED TO SU BMIT HIS REJOINDER BUT THE LD. CIT(A) DID NOT GIVE ANY OPPORTUNITY TO THE ASSESSEE TO SUBMIT THE REJOINDER AND REPLY TO THE REMAND REPORT. THEREFORE , THE LD. COUNSEL FOR THE ASSESSEE REQUESTED THE BENCH TO SEND THE ENTIRE MATTER BACK TO THE FILE OF THE LD. CIT(A) TO DECIDE THE APPEAL OF THE ASSESSEE ON MERITS. THE LD. DR FOR THE REVENUE DID NOT CONTROVERT THE PROPO SAL MADE BY THE LD. COUNSEL FOR THE ASSESSEE TO SEND THE MATTER BACK TO THE FILE OF THE COMMISSIONER OF INCOME-TAX (APPEAL) TO DECIDE THE A PPEAL AFRESH AFTER GIVING ADEQUATE OPPORTUNITY TO THE ASSESSEE FOR HEA RING. 5. CONSIDERING THE FACTUAL POSITION EXPLAINED ABOVE , WE ARE OF THE VIEW THAT IN THE INTEREST OF JUSTICE, THIS ISSUE REQUIRE S AFRESH EXAMINATION AT THE END OF THE LD. CIT(A), AS THE ASSESSEE DID NOT GET AN OPPORTUNITY TO REPLY THE REMAND REPORT OF THE ASSESSING OFFICER. THEREFO RE, WE REMAND THE MATTER BACK TO THE FILE OF THE LDCIT(A) TO ADJUDICA TE THE ASSESSEE`S APPEAL AFRESH. WE ALSO DIRECT THE ASSESSEE TO APPEAR BEFOR E THE LD. CIT(A) ON 07.08.2017 AND FOR THAT, NO SEPARATE NOTICE WILL BE ISSUED TO THE ASSESSEE. THIS IS TO ENSURE THAT THE ASSESSEE SHOUL D PARTICIPATE IN THE ITA NO.276/17 RAM SWAROOP BAJAJ 3 APPELLATE PROCEEDINGS AND THIS WAY, WE ALLOW THIS A PPEAL FOR STATISTICAL PURPOSES. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 0 7/ 07/2017. SD/ - (A.T. VARKEY) SD/ - (DR. A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA ; $% DATED 07/ 07/2017. SB, SR. PS. / COPY OF THE ORDER FORWARDED TO : / BY ORDER, SENIOR PRIVATE SECRETARY HEAD OF OFFICE/D.D.O., I.T.A.T., KOLKATA BENCHES, KOLKATA. 1. / THE ASSESSEE-RAM SWAROOP BAJAJ 2. / THE RESPONDENT.- ITO, WARD-36(1), KOLKATA 3. - ( ) / THE CIT(A), KOLKATA. 4. - / CIT 5. ./ 01 , 1# , / DR, ITAT, KOLKATA 6. 0 23 / GUARD FILE. . //TRUE COPY//