Akshaya Kumar Samanta, Angul V. CIT(A)-2, Bhubaneswar, Bhubaneswar

ITA 284/CTK/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0784 (ITAT-CUTTACK)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2016-2017
• Appeal Filed On: 27-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D.K.PRADHAN
• Keywords: Unexplained cash credit
• Section: 68; 133(6); 201; 20

Judgement Text

P A G E 1 | 4 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI CHANDRA MOHAN GARG , JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO . 284 /CTK/201 9 ASSESSMENT YEAR : 201 6 - 17 AKSHAYA KUMAR SAMANT, AMALAPADA, 6 TH LANE, ANGUL. VS. DCIT, CIRCLE 4(1), BHUBANESWAR. PAN/GIR NO. BBNAO 2471 A (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI P.R.MOHANTY , AR REVENUE BY : SHRI D.K.PRADHAN , DR DATE OF HEARING : 08 / 0 6 / 20 20 DATE OF PRONOUNCEMENT : 10 / 0 6 /20 20 O R D E R PER C.M.GARG,JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) - 2 , BHUBANESWAR DATED 18.6.2019 FOR THE ASSESSMENT YEAR 2016 - 17 . 2. THE EFFECTIVE ISSUE INVOLVED IN THIS APPEAL IS THAT THE LD CIT(A) WAS NOT JUSTIFIED IN CONFIRMING THE ADDITION OF RS.11,53,411/ - U/S. 68 OF THE ACT WITHOUT GIVING AN OPPORTUNITY TO THE ASSESSEE. 3. THE FACTS IN BRIEF ARE THAT DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER NOTICED THAT THE ASSESSEE HAD SHOWN SUNDRY CREDITORS OF RS.1,50,14,734/ - . THE ASSESSING OFFICER REQUIRED THE ASSESSEE TO FURNISH CONFIRMATIONS FROM ALL CREDITOR S. ALTHOUGH THE ASSESSEE FURNISHED DETAILS OF SUNDRY CREDITORS OUTSTANDING AS ON 31.3.2016 BUT ON EXAMINATION, THE AO FOUND ITA NO. 284/CTK/2019 ASSESSMENT YEAR : 2016 - 17 P A G E 2 | 4 THAT THE ASSESSEE FAILED TO FURNISH CONFIRMATIONS DULY SIGNED BY THE CREDITORS IN ORDER TO SUBSTANTIATE THEIR CREDITWORTHINESS AND TRUSTWORTHINESS AS UNDER: 1. SHNRI SURYAKANAT SAMAL RS.1,64,945/ - 2. SRI AJAY KUMAR PRADHAN RS.2,09,196/ - 3. SRI AJAY DAS RS.2,13,433/ - 4. SRI BINOD SAHU RS.2,06,974/ - 5. SRI ARUPANANDA PATNAIK RS.3,58,863/ - TOTAL: RS.11,53,411/ - THEREFORE, THE AO TREATED RS.11,53,411/ - AS UNEXPLAINED CREDIT OF THE ASSESSEE AND ADDED THE SAME TO THE TOTAL INCOME OF THE ASSESSEE U/S.68 OF THE ACT. 4. ON APPEAL, THE LD CIT(A) ALSO, THE ASSESSEE COULD NOT FURNISH CONFIRMATIONS OF THE CREDITORS AS NOT ED BY THE AO. THEREFORE, THE LD CIT(A) CONFIRMED THE ACTION OF THE AO. 5. LD A.R. OF THE ASSESSEE SUBMITTED THAT THE CONFIRMATIONS FROM THE CREDITORS I.E. SURYAKANTA SAMAL DATED 6.12.2018 OF RS.1,64,945/ - , BINOD SAHU DATED 6.12.2018 OF RS.2,06,974/ - , AJAY DAS DATED 6.12.2018 DATED 2.13.433/ - , AJAY KUMAR PRADHAN DATED 7.12.2018 OF RS.2,09,196 AND ARUPANDA PATNAIK DATED 6.12.2018 OF RS.3,58,863/ - MENTIONING THEIR RESPECTIVE PAN NUMBERS WERE SUBMITTED TO THE ASSESSING OF FICER. HE SUBMITTED THAT IF THE ASSESSING OFFICER HAD ANY DOUBT ABOUT THE CONFIRMATIONS GIVEN BY THE CREDITORS, HE COULD HAVE SUMMONED THEM BY ISSUING NOTICE U/S.133(6) OF THE ACT TO DIVULGE THE TRUTH. WITHOUT DOING THE ONUS LAY ON THE ASSESSING OFFICER, THE ADDITION IS MADE ON THE ITA NO. 284/CTK/2019 ASSESSMENT YEAR : 2016 - 17 P A G E 3 | 4 BASIS OF SURMISES AND CONJECTURES. LD A.R. ALSO FURNISHED NAME AND FULL ADDRESS OF THE CREDITORS WITH THEIR PAN BEFORE THE BENCH AS WELL AS E - PROCEEDINGS FILED BEFORE THE INCOME TAX DEPARTMENT. LD A.R. SUBMITTED THAT THE ADD ITION MADE BY THE AO IS NOT JUSTIFIED. 6. REPLYING TO ABOVE, LD DR SUPPORTED THE ORDERS OF LOWER AUTHORITIES AND FURTHER SUBMITTED THAT THE ASSESSEE COULD NOT PRODUCE CONFIRMATIONS FROM ALL THE FIVE CREDITORS BEFORE THE AO. THEREFORE, THE AUTHORITIES BEL OW WERE JUSTIFIED IN MAKING THE ADDITION. 7. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RECORD OF THE CASE. WE OBSERVE THAT THE ASSESSING OFFICER HAS MADE ADDITION FOR WANT OF CONFIRMATIONS FROM FIVE CREDITORS. FROM THE PAPER BOOK FILED BY LD A .R. OF THE ASSESSEE, WE FIND THAT THE ASSESSEE HAS FILED CONFIRMATIONS BEFORE THE ASSESSING OFFICER ON VARIOUS DATES. ONCE THE ASSESSEE HAS DISCHARGED ITS RESPONSIBILITY BY FILING CONFIRMATIONS, THE RESPONSIBILITY SHIFTED TO THE ASSESSING OFFICER TO ISSUE NOTICE U/S.133(6) OF THE ACT TO THE CREDITORS TO APPEAR BEFORE HIM TO COUNTER THE CONFIRMATIONS. IT IS NOT THE CASE OF THE ASSESSING OFFICER THAT HE HAS ISSUED ANY NOTICES U/S 133(6) OF THE ACT TO THE PARTIES WHICH WERE RETURNED BACK UNSERVED OR THAT THE CREDITORS ARE NOT AVAILABLE. THE ASSESSING OFFICER, AFTER GOING THROUGH THE CONFIRMATIONS FURNISHED BY THE ASSESSEE SAT WITH FOLDED HANDS AND DID NOT MAKE ANY EFFORT AND NOT MADE ANY INDEPENDENT ENQUIRY AND MADE THE ADDITION. ONCE THE ASSESSEE SATISFIES TH E INITIAL ONUS CAST ON IT, THE BURDEN SHIFTS TO THE REVENUE. HOWEVER, IN THE INSTANT ITA NO. 284/CTK/2019 ASSESSMENT YEAR : 2016 - 17 P A G E 4 | 4 CASE, IT APPEARS THAT THE ASSESSING OFFICER HAS NOT DONE HIS JOB PROPERLY . THEREFORE, WE DO NOT SEE ANY PLAUSIBLE GROUND TO MAKE THE ADDITION, WHICH IS HEREBY DELETED. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON 10 / 0 6 /20 20 . SD/ - SD/ - (LAXMI PRASAD SAHU) ( CHANDRA MOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER CUTTACK; DATED 10 / 0 6 /20 20 B. K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER SR . PVT. S ECRETARY ITAT, CUTTACK 1. THE APPELLANT : AKSHAYA KUMAR SAMANT, AMALAPADA, 6 TH LANE, ANGUL. 2. THE RESPONDENT. DCIT, CIRCLE 4(1), BHUBANESWAR 3. THE CIT(A) - 2 , BHUBANESWAR 4. PR.CIT - 2 , BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//