Md. Manwar Rahaman Mia, Malda V. ITO, Ward - 3(2) , Malda

ITA 28/KOL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2404 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 18-06-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 07-01-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A R BANDHOPADHAY J
• Assessee Lawyers: K M ROY; PARTH SARATHI GUPTA
• Section: 147; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.28/KOL/2019 ASSESSMENT YEAR:2012-13 MD. MANWAR RAHAMAN MIA, C/O PARTHA SARATHI GUPTA, ADVOCATE, 100, BANK LANE, HATAR PARA, P.O. KRISHNAGAR, DIST. NADIA, PIN-741 101 [ PAN NO.AJTPM 9628 A ] / V/S . INCOME TAX OFFICER WARD-3(2), 1 ST FLOOR, NETAJI MARKET COMPLEX, RATHBARI, MALDA, PINI-732101 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI K.M. ROY, FCA & SHRI PARTH SARATHI GUPTA, ADVOCATE /BY RESPONDENT SHRI A.R. BANDHOPADHAY, JCIT-DR /DATE OF HEARING 18-06-2019 /DATE OF PRONOUNCEMENT 21-06-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13, ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-JALPAIGURIS O RDER DATED 12.09.2018 PASSED IN CASE NO.70/CIT(A)/JAL/2015-16, INVOLVING PROCEEDIN GS U/S. 144 R.W.S 147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. LEARNED COUNSEL REPRESENTING ASSESSEE STATES AT THE OUTSET THAT HE ONLY WISHES TO PRESS FOR ASSESSEES SECOND AND THIRD SUBSTANTIVE G ROUNDS CHALLENGING CORRECTNESS OF THE LOWER AUTHORITIES ACTION ESTIMATING HIS GROSS PROFIT @ 10.01% AS AGAINST THAT ITA NO.28/KOL/2019 A.Y. 2012-13 MD. MANWAR RAHAMAN MIA VS. ITO WD-3(2) MALDA PAGE 2 DECLARED @ 1.3% IN POULTRY BUSINESS RESULTING IN A DDITION OF 10,43,093/-. THE SAID TWO SUBSTANTIVE GROUNDS READS AS UNDER:- 2. FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES O F THE ASSESSEE THE LD. C.I.T.(APPEALS) WAS NOT AT ALL JUSTIFIED IN CONFIRM ING THE ADDITION OF RS.10,43,093.00 ON ACCOUNT OF UNDISCLOSED TOTAL DEPOSIT IN BANK AC COUNT & THE CLOSING BALANCE OF THE BANK ACCOUNT AND THE REASONS ADDUCED BY THE LD. C.I .T.(A) IN CONFIRMING THE ADDITION OF RS.10,43,093.00 ARE NOT AT ALL CONVINCING AND AS SUCH THE SAME IS LIABLE TO BE DELETED. 3. FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES O F THE ASSESSEE THE LD. C.I.T.(APPEALS) OUGHT TO HAVE CONSIDERED THAT THE A PPELLANTS ASSESSED INCOME SHOULD HAVE BEEN DETERMINED ON THE BASIS OF NET PROFIT RAT E INSTEAD OF GP RATE ON THE UNDISCLOSED TOTAL DEPOSIT OF RS.1,03,86,100/- IN TH E BANK ACCOUNT. 3. I HAVE GIVEN MY THOUGHTFUL CONSIDERATION TO RIVA L CONTENTIONS. THERE IS HARDLY ANY DISPUTE THAT ASSESSEE HAD FILED BOOKS OF ACCOUN T ONLY DURING THE LOWER APPELLATE PROCEEDINGS BEFORE THE CIT(A) WHO HAS DECLINED THE SAME IN HIS ORDER UNDER CHALLENGE. I WISH TO MAKE IT CLEAR THAT NEITHER THE ASSESSEE HAS FILED ANY EVIDENCE IN THE INSTANT CASE FILE IN SUPPORT OF HIS PROFIT RATE @ 1.3% NOR THE ASSESSING OFFICER OR THE CIT(A) HAVE MADE ANY COMPARISON VIS--VIS THE C ORRESPONDING RATES IN ANY OTHER SUCCEEDING ASSESSMENT YEAR. THERE IS FURTHER NO MAT ERIAL QUOTED IN SUPPORT OF THE GROSS PROFIT IN ISSUE @ 10.01%. I THEREFORE TAKE IN TO ACCOUNT ALL THESE PECULIAR FACTS TO HOLD THAT LARGER INTEREST OF JUSTICE IN THE INSTANT CASE WOULD BE MET IN CASE THE IMPUGNED GROSS PROFIT RATE @ 10.01% IS REDUCED TO 3 % WITH A RIDER THAT SAME SHALL NOT BE TREATED AS A PRECEDENT AGAINST THE ASSESSEE IN A NY OTHER ASSESSMENT YEAR. THE ASSESSEE GETS PART RELIEF ACCORDINGLY. NECESSARY CO MPUTATION TO FOLLOW. IT IS FURTHER MADE CLEAR THAT THE NECESSARY CONSEQUENTIAL COMPUTA TION SHALL NOT IN ANY WAY BE LESS THAN THAT ALREADY DECLARED PROFIT AT THE ASSESSEES BEHEST. 4. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN OPEN COURT ON 21/06/2019 SD /- (S.S. GODARA) JUDICIA L MEMBER KOLKATA, *DKP/SR.PS - 21/06/2019 ITA NO.28/KOL/2019 A.Y. 2012-13 MD. MANWAR RAHAMAN MIA VS. ITO WD-3(2) MALDA PAGE 3 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-MD. MANWAR RAHAMAN MIA C/O PARTHA SARATH I GUPTA, ADVOCATE 100, BANK LANE, HATAR PA RA, P.O. KRISHNAGAR DIST. NADIA, PIN-741 101 2. /RESPONDENT-ITO WD-3(2), INCOME TAX OFFICER, 1 ST FLOOR, NETAJI MARKET COMPLEX, RATHBARI, MALDA, PIN-7321 01 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',