Sri Susanta Sinha., North 24 Parganas V. I.T.O Wd - 51(3),kolkata., Kolkata

ITA 331/KOL/2013

• Counselvise Citation: 33123514 RSA 2013
• Duration Of Justice: 2 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 18-02-2013
• Court: TRIBUNAL
• Department Lawyers: SANJAY SR DR
• Keywords: Opportunity of being heard
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: KOLKATA [BEFORE HON BLE SHRI B.P.JAIN, AM] I.T.A NO.331 /KOL/2013 ASSESSMENT YEAR: 2008 - 09 SRI SUSANTA SINHA , VS. I.T.O., WARD - 51(3), KOLKATA KOLKATA (APPELLANT) ( RESPONDENT) (P AN: ALXPS 6956 R) FOR THE APPELLANT : NONE FOR THE RESPONDENT : SHRI SANJAY, SR.DR, ADDL. C.I.T. DATE OF HEARING : 01.06 .2015. DATE OF PRONOUNCEMENT: 01.06 .2015. ORDER PER SHRI B.P.JAIN, AM : THIS APPEAL OF THE ASSESSEE ARISES FROM THE ORDER OF LD.CIT(A) - XX XII , KOLKATA DATED 09.11 .2012 FOR ASSESSMENT YEAR 2008 - 09. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD.CIT(A) ERRED IN CONFIRMING THE ESTIMATED INCOME AT RS.1 4,84,596/ - BEING 5% OF THE GROSS RECEIPT OF RS.2,96,91,926/ - AFTER REJECTING THE AUDITED ACCOUNTS U/S 145(3) FOR NON VERIFICATION OF BOOKS OF ACCOUNTS MAINTAINED WHICH HAVE BEEN MOSTLY DAMAGED BY WHITE ANTS. 3. THE BRIEF FACTS OF THE CASE ARE THAT IN THE PRESENT CASE AN EX PARTE ASSESSMENT U/S 144 OF THE ACT WAS MADE BY THE AO BY APPLYING NET PROFIT RATE OF 5%. 4. NONE APPEARED ON BEHALF OF THE ASSESSEE. THE LD.CIT(A) SIMPLY CONFIRMED THE ACTION OF THE AO. 5. NONE APPEARED BEFORE US AS WELL ON BEHALF OF THE ASSESSEE. AFTER HEARING THE LD. DR AND PERUSING THE MATERIALS AVAILABLE ON RECORD I FIND THAT A REASONABLE ITA NO.331/KOL/2013 SRI SUSANTA SINHA A.YR. 2008 - 09 2 OPPORTUNITY OF BEING HEARD SHOULD BE GIVEN TO THE ASSESSEE IN THE INTEREST OF JUSTICE. THEREFORE THE MATTER IS SET ASIDE TO THE FILE OF AO, WHO WILL RE - EXAMINE THE ISSUE AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THUS GROUND OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. O RDE R PRONOUNCED IN THE OPEN COURT ON 01.06 .2015. SD/ - [ B.P.JAIN ] ACCOUNTANT MEMBER DATE: 01.06 .2015. R.G.(.P.S.) C OPY OF THE ORDER FORWARDED TO: 1 . SRI SUSANTA SINHA, BIJAYPUR BAZAR, H.B.TOWN, NORTH 24 PARGANAS - 700115. 2 I.T.O., WARD - 51( 3), KOLKATA. 3 . CIT(A) - XX XII , , KOLKATA 4. CIT - KOLKATA. 5. CIT - DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, K OLKATA BENCHES