Appeal Details
Counselvise Citation
29923514 RSA 2012
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 2 month(s) 27 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
20-05-2015
Appeal Filed By
Department
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
04-08-2014
Assessment Year
2008-2009
Appeal Filed On
23-02-2012
Judgement Text
I.T.A. NO . 2 99 / KOL ./20 1 2 ASSESSMENT YEAR: 200 8 - 200 9 & C.O. NO. 32/KOL/2012 (IN ITA NO. 299 /KOL/201 2 ) ASSESSMENT YEAR: 200 8 - 200 9 PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.K. BANSAL , ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH , JUDICIAL MEMBER I.T.A. NO. 29 9 / KOL / 20 1 2 ASSESSMENT YEAR : 200 8 - 20 0 9 I NCOME TAX OFFICER , .............................. . ............. . APPELLANT WARD - 9(1) , KOLKATA, AAYAKAR BHAWAN, 5 TH FLOOR, ROOM NO. 14, P - 7, CHOWRINGHEE SQUARE, KOLKATA - 700 0 69 - VS. - SRI HEMANT SIKARIA,.......................................... ... ..... . RESPONDENT GC - 191, BUSINESS CONSTRUCTION, SAL T LAKE, SECTOR - III, KOLKATA - 700 092 [PAN : A RGPS 2704 N ] & C.O. NO. 32/KOL/2012 (ARISING OUT OF I.T.A. NO. 299 / KOL / 20 12 ) ASSESSMENT YEAR: 200 8 - 200 9 SRI HEMANT SIKARIA,............................................. ..... . CROSS OBJECTOR GC - 191, B USINESS CONSTRUCTION, SALT LAKE, SECTOR - III, KOLKATA - 700 092 [PAN : ARGPS 2704 N] - V S. - INCOME TAX OFFICER,............................................ . RESPONDENT WARD - 9(1), KOLKATA, AAYAKAR BHAWAN, 5 TH FLOOR, ROOM NO. 14, P - 7, CHOWRINGHEE SQUAR E, KOLKATA - 700 069 APPEARANCES BY: SHRI P.B. PRAMANIK, JCIT, SR. D.R., FOR THE DEPARTMENT N O N E , FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : MAY 14 , 2 01 5 DATE OF PRONOUNCING THE ORDER : MAY 20 , 201 5 I.T.A. NO . 2 99 / KOL ./20 1 2 ASSESSMENT YEAR: 200 8 - 200 9 & C.O. NO. 32/KOL/2012 (IN ITA NO. 299 /KOL/201 2 ) ASSESSMENT YEAR: 200 8 - 200 9 PAGE 2 OF 4 O R D E R PER P.K. BANSAL : TH E A PPEAL AS WELL AS THE CROSS OBJECTION HAS BEEN FILED BY THE REVENUE AND ASSESSEE RESPECTIVELY AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) - V II I, KOLKATA D ATED 2 7 . 01 .20 1 2 FOR THE ASSESSMENT YEAR 200 8 - 0 9 . 2. IN THE REVENUE S APPEAL, THE REVENUE H AS TAKEN THE FOLLOWING GROUNDS OF APPEAL: - ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) - VIII, ERRED IN LAW IN DECIDING THE APPEAL IN FAVOUR OF THE ASSESSEE BY DELETING THE ADDITION OF RS.6,06,000/ - OUT OF RS.7,06,000/ - ON ACCOUNT OF U NEXPLAINED EXPENDITURE. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) - VIII ERRED IN LAW IN DECIDING THE APPEAL IN FAVOUR OF THE ASSESSEE BY DELETING RS.74,89,424/ - AS INCOME FROM UNDISCLOSED SOURCES. THE LD. CIT(A) - VIII DECIDED ON THE BASIS OF NEW DOCUMENTS SUBMITTED BY THE ASSESSEE IN RESPECT OF ADDITION OF RS.74,89,424/ - WITHOUT GIVING OPPORTUNITY TO AO AS PER PROVISION OF RULE 46A OF THE I.T. RULE 1962 AND THUS THERE WAS VIOLATION . 3. IN THE CROSS OBJECTION, THE ASSESSEE HAS RAISE D THE FOLLOWING GROUND: - THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(APPEALS) ERRED IN CONFIRMING THE DISALLOWANCE OF SALES PROMOTION EXPENSES OF RS.6,30,585/ - . 4. NONE APPEARED ON BEHALF OF THE ASSESSEE, EVEN THOUGH THE NOTICE WAS DULY SERVED TO THE ASSESSEE THROUGH REGISTERED A/D. WE, THEREFORE, DECIDED TO DISPOSE OF THE APPEAL AND CROSS OBJECTION AFTER HEARING THE LD. D.R. AND THE MATERIAL AVAILABLE ON RECORD. I.T.A. NO . 2 99 / KOL ./20 1 2 ASSESSMENT YEAR: 200 8 - 200 9 & C.O. NO. 32/KOL/2012 (IN ITA NO. 299 /KOL/201 2 ) ASSESSMENT YEAR: 200 8 - 200 9 PAGE 3 OF 4 5. WE HAVE HEARD THE LD. D.R. AND CAREFULLY CONSIDERED THE SUBMISSIONS MAD E BY HIM ALONG WITH THE ORDER OF THE TAX AUTHORITIES BELOW. WE NOTED THAT IN THIS CASE, THE ASSESSING OFFICER HAS DULY ISSUED A SHOW - CAUSE NOTICE TO THE ASSESSEE WHY THE DEPOSIT NOT REFLECTED IN THE BALANCE - SHEET SHOULD NOT BE ADDED TO HIS INCOME. NO DOUBT THE COPY OF THE BALANCE - SHEET WAS FILED BY THE ASSESSEE BEFORE THE ASSESSING OFFICER BUT THE DETAILS OF THE BALANCE - SHEET WERE NEVER FILED BEFORE THE ASSESSING OFFICER. DETAILS OF THE BALANCE - SHEET WERE FILED FOR THE FIRST TIME BEFORE THE LD. CIT(APPEALS) . LD. CIT(APPEALS) HAS ALLOWED RELIEF TO THE ASSESSEE MAINLY THAT THE BALANCE SHEET OF BAHUBALI TRADERS (P) LTD. SHOWS IN ITS ASSET SIDE TOTAL ADVANCE OF RS.98,58,489/ - INCLUDING ADVANCES TO SELLERS AND ADVANCES TO OTHERS AND ON THAT BASIS LD. CIT(APPEALS) TOOK THE VIEW IN FAVOUR OF THE ASSESSEE AND DELETED THE ADDITION. WE, THEREFORE, IN THE INTEREST OF JUSTICE SET ASIDE THE ORDER OF LD. CIT(APPEALS) AND RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION WITH THE DIRECTION THAT THE ASSESSEE SHALL PROVIDE ALL THE DETAILS TO HIM. 6. THE CROSS OBJECTION FILED BY THE ASSESSEE IS IN SUPPORT OF THE ORDER OF LD. CIT(APPEALS). AS WE HAVE ALREADY RESTORED THIS ISSUE TO THE FILE OF ASSESSING OFFICER FOR FRESH ADJUDICATION, THEREFORE, THE CROSS OBJECTION FILED BY THE ASSESSEE DOES NOT REQUIRE ANY ADJUDICATION. 7 . IN THE RESULT, T HE APPEAL FILED BY THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES AND THE CROSS OBJECTION FILED BY THE ASSESSEE IS BEING DISMISSED AS INFRUCTUOUS . ORDER PRONOUN CED IN THE OPEN COURT ON MAY 20 , 201 5 . SD/ - SD/ - MAHAVIR SINGH P.K. BANSAL ( JUDICIAL MEMBER) ( ACCOUNTANT MEMBER) KOLKATA, THE 20 TH D AY OF MAY , 201 5 I.T.A. NO . 2 99 / KOL ./20 1 2 ASSESSMENT YEAR: 200 8 - 200 9 & C.O. NO. 32/KOL/2012 (IN ITA NO. 299 /KOL/201 2 ) ASSESSMENT YEAR: 200 8 - 200 9 PAGE 4 OF 4 COPIES TO : (1) INCOME TAX OFFICER, WARD - 9(1), KOLKATA, AAYAKAR BHAWAN, 5 TH FLOOR, ROOM NO. 14, P - 7, CHOWRINGHEE SQUARE, KOLKATA - 700 069 (2) SRI HEMANT SIKARIA, GC - 191, BUSINESS CONSTRUCTION, SALT LAKE, SECTOR - III, KOLKATA - 700 092 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INC OME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA B ENCHES, KOLKATA LAHA/SR. P.S .
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