DCIT, CC-XXVII, Kolkata, Kolkata V. Santosh Kumar Tibrewala (HUF), Kolkata

ITA 317/KOL/2010

• Counselvise Citation: [2013] 119 COUNSELVISE.COM (IT) 2961 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2013
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 30-05-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 12-02-2010
• Court: TRIBUNAL
• Department Lawyers: SUSANTA KR SINHA
• Keywords: Additional evidence; Accommodation entries

Judgement Text

, B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA () BEFORE . . . . . . . . , ! /AND ''# $ $ $ $, , , , ) [BEFORE SHRI P. K. BANSAL, AM & SHRI GEORGE MATHAN, JM] !% !% !% !% / I.T.A NOS. 317, 320 & 321/KOL/2010 &' () &' () &' () &' ()/ // / ASSESSMENT YEARS: 2003-04 TO 2005-06 DEPUTY COMMISSIONER OF INCOME-TAX, VS. SANTOSH KUM AR TIBREWALA (HUF) CENTRAL CIRCLE-XXVII, KOLKATA (PAN: AAIHS7823K) ($+ /APPELLANT ) (,-$+/ RESPONDENT ) DATE OF HEARING: 12.03.2013 DATE OF PRONOUNCEMENT: 12.03.2013 FOR THE APPELLANT: SHRI SUSANTA KR. SINHA, J CIT, SR. DR FOR THE RESPONDENT: SHRI RAVI TULSIYAN, FCA . / ORDER PER SHRI GEORGE MATHAN, JM: ITA NO. 317/K/2010 IS AN APPAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), CENTRAL-II, KOLKATA IN APPEAL NO. 146/CC-XXVII/CIT( A)-C-II/KOL/08-09 DATED 20.11.2009 FOR THE AY 2003-04. ITA NO. 320/K/2010 IS AN APPAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), CENTRAL-II, KOLKATA IN APPEAL NO. 147/C C-XXVII/CIT(A)-C-II/KOL/08-09 DATED 30.11.2009 FOR THE AY 2004-05. ITA NO. 321/K/2010 I S AN APPAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), CENTRAL-II, KOLKATA IN APP EAL NO. 148/CC-XXVII/CIT(A)-C- II/KOL/08-09 DATED 30.11.2009 FOR THE AY 2005-06. AS ALL THE APPEALS INVOLVED THE IDENTICAL ISSUE, THE SAME ARE DISPOSED OF BY THIS COMMON ORDE R. 2. SHRI SUSANTA KR. SINHA, JCIT, SR. DR REPRESENTED ON BEHALF OF REVENUE AND SHRI RAVI TULSIYAN, FCA REPRESENTED ON BEHALF OF ASSESSEE. 3. IN ALL THE THREE APPEALS GROUNDS RAISED ARE IDEN TICAL EXCEPT FOR THE VARIATION IN AMOUNTS AS MENTIONED IN GROUND NO.1. THE GROUNDS IN ITA NO . 317/K/2010 ARE EXTRACTED HEREINBELOW: 1. THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS.15,86,771/- ON ACCOUNT OF ESTIMATED COMMISSION INCOME WITHOUT APPRECIATING THE FACTS OF THE CASE EVALUATE D IN COURSE OF ASSESSMENT PROCEEDING. 2 ITA NO.317, 320 & 321/K/2010 SANTOSH KUMAR TIBREWALA (HUF) 2003-04 TO 2005-06 2. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, THE LD. CIT(A) HAS ERRED IN HOLDING THAT THE REJECTION OF BOOKS OF ACCOUNT U/S. 145(3) OF THE ACT BY THE A.O. WAS INCORRECT WITHOUT APPRECIATING THE CIRCUMSTANTIAL E VIDENCES AND MATERIALS BROUGHT ON RECORD BY THE A.O. 3. THAT THE DEPARTMENT CRAVES LEAVE TO ADD, MODIFY OR ALTER ANY OF THE GROUND(S) OF APPEAL AND/OR ADDUCE ADDITIONAL EVIDENCE AT THE TIM E OF HEARING OF THE CASE. 4. AT THE TIME OF HEARING IT WAS FAIRLY AGREED BY B OTH THE SIDES THAT THE ISSUE WAS SQUARELY COVERED BY THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF AMIT KR. TIBREWALA IN ITA NO. 293/K/2010 DATED 31.08.2012 AS ALSO THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF SANTOSH KR. T IBREWALA (HUF) IN ITA NO.830 & 831/K/2010 DATED 10.09.2010. 5. WE HAVE CONSIDERED THE SUBMISSIONS. WE HAVE PER USED THE DECISIONS OF THE COORDINATE BENCHES WHEREIN IN ITA NO. 293/K/2010, THE COORDINA TE BENCH OF THIS TRIBUNAL HAS HELD IN PARA 4 AND 5 OF ITS ORDER AS UNDER: 4. AT THE TIME OF HEARING, IT WAS FAIRLY AGREED BY BOTH THE SIDES THAT THE ISSUES IN THE APPEAL WERE SQUARELY COVERED BY THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF SANTOSH KUMAR TIBREWALA (HUF) IN I.T.A. NOS. 830 & 831/KOL./2010 DATED 10.09.2010 FOR THE ASSESSMENT YEARS 2006-07 & 2007- 08, WHEREIN THE COORDINATE BENCH OF THIS TRIBUNAL HAS HELD AT PARA 5 AS FOLLOWS :- 5. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARN ED REPRESENTATIVES OF THE PARTIES IN THE LIGHT OF PROVISIONS OF SECTION 245-1 OF THE ACT AND THE ORDER OFHONBLE SETTLEMENT COMMISSION DATED 06.04.2010 (CO PY PLACED ON RECORD). WE OBSERVE FROM PARA 9 OF THE SAID ORDER OF THE SETTLE MENT COMMISSION DATED 06.04.2010 THAT THE SETTLEMENT COMMISSION AFTER CON SIDERING THE ORDERS OF THE LEARNED CIT(A) HAS ACCEPTED THE CONTENTIONS OF THE ASSESSEE THAT THE TRANSACTIONS, INTER ALIA, OF THE ASSESSEE WITH APPL ICANTS WERE GENUINE AND THE DEPARTMENT HAD NOT BEEN ABLE TO ADDUCE ANY RELIABLE EVIDENCE THAT THEY WERE ACCOMMODATION ENTRIES. IN VIEW OF ABOVE AND CONSIDE RING THE PROVISIONS OF SECTION 245-1 OF THE ACT, WE HOLD THAT THERE IS NO MERIT IN THE GROUNDS OF BOTH APPEALS TAKEN BY THE DEPARTMENT AS THE FINDINGS GIV EN BY THE HONBLE SETTLEMENT COMMISSION HAVE BECOME CONCLUSIVE AND THE SAME CANN OT BE AGITATED BY THE DEPARTMENT BEFORE THE TRIBUNAL HEREIN. HENCE, WE RE JECT THE GROUNDS OF APPEALS TAKEN BY THE DEPARTMENT. 5. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE S IDES. WE HAVE ALSO PERUSED THE ORDER OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE O F SANTOSH KUMAR TIBREWALA (HUF) REFERRED TO SUPRA. A PERUSAL OF THE ORDER CLEARLY S HOWS THAT THE GROUNDS RAISED IN THE ABOVEMENTIONED ORDER ARE IDENTICAL TO THE GROUNDS R AISED IN THE PRESENT CASE. IT IS FURTHER NOTICED THAT THE ISSUES IN THE APPEAL IN THE PRESEN T CASE ARE ALSO SQUARELY COVERED BY THE ORDER OF THE COORDINATE BENCH IN THE CASE OF SANTOS H KUMAR TIBREWALA (HUF) REFERRED TO SUPRA AS THE HONBLE SETTLEMENT COMMISSION VIDE ITS ORDER DATED 06.04.2010 HAS OBSERVED IN PARA 9 AND THEREAFTER CONSIDERING THE ORDERS OF THE LD. CIT(APPEALS) HAS ACCEPTED THE CONTENTIONS OF THE ASSESSEE THAT THE TRANSACTIONS, INTER ALIA, OF THE ASSESSEE WITH THE APPLICANTS WERE GENUINE AND THE DEPARTMENT HAD NOT BEEN ABLE TO ADDUCE ANY RELIABLE EVIDENCE THAT THEY WERE ACCOMMODATION ENTRIES. IN T HESE CIRCUMSTANCES, RESPECTFULLY 3 ITA NO.317, 320 & 321/K/2010 SANTOSH KUMAR TIBREWALA (HUF) 2003-04 TO 2005-06 FOLLOWING THE DECISION OF THE COORDIIATE BENCH OF THIS TRIBUNAL IN THE CASE OF SANTOSH KUMAR TIBREWALA (HUF) REFERRED TO SUPRA, THE FINDIN G OF THE LD. CIT(APPEALS) ON THESE ISSUES STANDS CONFIRMED. 6. AS IT IS NOTICED THAT THE ISSUES IN THE APPEALS ARE IDENTICAL TO THE ISSUE AS DECIDED BY THE COORDINATE BENCH OF THE TRIBUNAL REFERRED TO SUPRA, THE FINDING OF THE LD. CIT(A) STANDS CONFIRMED. 7. IN THE RESULT, APPEALS OF REVENUE STAND DISMISSE D. 8. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- . . . . . . . . , ''# $ $ $ $ , (P. K. BANSAL) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER ( / / / /) )) ) DATED : 12 TH MARCH, 2013 01 &2' &3 JD.(SR.P.S.) 4 ITA NO.317, 320 & 321/K/2010 SANTOSH KUMAR TIBREWALA (HUF) 2003-04 TO 2005-06 . 4 ,&&5 65(7- COPY OF THE ORDER FORWARDED TO: 1 . $+ / APPELLANT DCIT, CENTRAL CIRCLE-XXVII, KOLKATA. 2 ,-$+ / RESPONDENT SANTOSH KUMAR TIBREWALA (HUF),103, H EM CHANDRA NASKAR ROAD, KOLKATA-10. 3 . &. ( )/ THE CIT(A), KOLKATA 4. 5. &. / CIT KOLKATA 5 <&= ,& / DR, KOLKATA BENCHES, KOLKATA -5 ,&/ TRUE COPY, .>/ BY ORDER, ? !' /ASSTT. REGISTRAR .