Jublee Stores (P) Ltd, Kolkata V. ITO, Ward 8(4), Kolkata

ITA 280/KOL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2672 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 01-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B(SMC)” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.280/Kol/2021 Assessment Year: 2014-15 Jublee Stores (P) Ltd...........................................................................Appellant 35, Park Street, WB-700016.. [PAN: AABCJ9294R] vs. CIT(A)-3, Kolkata...........................................................................Respondent Appearances by: None appeared on behalf of the appellant. Shri Amitabha Sen, CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : June 27, 2022 Date of pronouncing the order : June 27, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 11.06.2020 of the Commissioner of Income Tax(Appeals)-3, Kolkata [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). The assessee in this appeal has taken the following grounds of appeal: “1. The Honourable A.O is not justified in adding back Rs.8,70,000/- on the plea that no report has been received from the sundry debtors. Income arising from these debtors has already been considered in the profit and loss account. Adding them back to the total income shall amount to double taxation.” 2. No one has put in appearance on behalf of the assessee despite notice, therefore, we proceed to decide this appeal after hearing the ld. DR and after going through the records. 3. The Assessing Officer, in this case, has made the addition of Rs.8,70,000/- on account of unexplained sundry debtors. The plea raised by the assessee through the grounds of appeal is that the assessee has already been taken into profit and loss account the aforesaid sundry creditors and booked the same as income of the assessee for the year under consideration. It is pleaded that the Assessing Officer has added back the same I.T.A. No.280/Kol/2021 Assessment Year: 2014-15 Jublee Stores (P) Ltd 2 amount which amounts to double addition. The aforesaid facts need to be verified by the concerned income-tax authorities. 4. We find that this plea has also been raised by the assessee before the CIT(A) but the CIT(A) has not given any findings on this plea raised by the assessee. In view of this, the matter is restored to the file of the CIT(A) with a direction to give findings on the above plea of the assessee. The ld. CIT(A) either can himself verify the aforesaid plea of the assessee from the records/documents/evidences as may be furnished before him or he may call upon remand report from the Assessing Officer on this issue, then to adjudicate this issue by way of a speaking order. 5. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 27 th June, 2022. Sd/- Sd/- [Girish Agrawal] [Sanjay Garg] Accountant Member Judicial Member Dated: 27.06.2022. RS Copy of the order forwarded to: 1. Jublee Stores (P) Ltd 2. CIT(A)-3, Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches