M/s. Rupayan Udyog (since dissolved), Kolkata V. ITO, Ward - 49(4) , Kolkata

ITA 35/KOL/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6265 (ITAT-KOLKATA)
• Duration Of Justice: 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 08-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 40A(3); 143(3); 40(a)(ia); 263

Judgement Text

ITA NO. 35/KOL/2019 A.Y. 2005- 2006 M/S. RUPAYAN UDYOG (SINCE DISSOLVED) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 35/KOL/2019 ASSESSMENT YEAR: 2005-2006 M/S. RUPAYAN UDYOG (SINCE DISSOLVED)............... ..........................APPELLANT CB-10/14, DESHBANDHU NAGAR, BAGUIATI, KOLKATA-700 059 [PAN: AAGFR 0358 E] -VS.- INCOME TAX OFFICER,................................ .........................................RESPONDENT WARD-49(4), KOLKATA, MANICKTALA CIVIC CENTRE, UTTARAPAN COMPLEX, CIT SCHEME-VI-M, KOLKATA-700 054 APPEARANCES BY: SHRI SOUMITRA CHOUDHURY, ADVOCATE, FOR THE APPELLANT SHRI SANKAR HALDER, JCIT, SR. D.R , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : JANUARY 18, 2019 DATE OF PRONOUNCING THE ORDER : JANUARY 25, 2019 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-15, KOLKATA DA TED 26.03.2018. 2. THE ASSESSEE IN THE PRESENT CASE IS A PARTNERSHI P FIRM, WHICH IS ENGAGED IN THE BUSINESS OF BUILDING CONSTRUCTION AN D DEVELOPER. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION W AS FILED BY IT ON 27.10.2005 DECLARING TOTAL INCOME OF RS.51,060/-. I N THE ASSESSMENT ORIGINALLY COMPLETED UNDER SECTION 143(3) VIDE AN O RDER DATED 31.12.2007, THE TOTAL INCOME OF THE ASSESSEE WAS DE TERMINED BY THE ASSESSING OFFICER AT RS.2,82,762/- AFTER MAKING THE ADDITION OF ITA NO. 35/KOL/2019 A.Y. 2005- 2006 M/S. RUPAYAN UDYOG (SINCE DISSOLVED) 2 RS.2,31,702/- UNDER SECTION 40A(3) OF THE INCOME TA X ACT, 1961. THE SAID ORDER WAS SUBSEQUENTLY SET ASIDE BY THE CONCERNED L D. CIT VIDE AN ORDER DATED 05.06.2009 PASSED UNDER SECTION 263 WITH A DI RECTION TO THE ASSESSING OFFICER TO MAKE THE ASSESSMENT AFRESH. AS PER THE DIRECTION OF THE LD. CIT, A FRESH ASSESSMENT WAS COMPLETED BY TH E ASSESSING OFFICER UNDER SECTION 143(3) READ WITH SECTION 263 OF THE A CT VIDE AN ORDER DATED 28.12.2010 DETERMINING THE TOTAL INCOME OF THE ASSE SSEE AT RS.18,08,965/- AFTER MAKING A FURTHER DISALLOWANCE UNDER SECTION 40A(3) TO THE EXTENT OF RS.94,327/- AND A DISALLOWANCE UND ER SECTION 40(A)(IA) AMOUNTING TO RS.13,80,818/-. 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 143(3)/263, AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(APPEALS) AND SINCE THE SUBMISSIONS MADE BY THE ASSESSEE IN SUPPORT OF ITS CASE WERE NOT FOUND ACCEPTABLE BY THE LD. CI T(APPEALS), HE PROCEEDED TO DISMISS THE APPEAL OF THE ASSESSEE. AG GRIEVED BY THE ORDER OF THE LD. CIT(APPEALS), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, THE ORDER PASSED BY THE CONCERNED LD. CIT DATED 05.06.2009 UNDER SECTION 263 WAS ALSO CHALLENGED BY THE ASSESS EE IN THE APPEAL FILED BEFORE THE TRIBUNAL AND VIDE ITS ORDER DATED 28.11. 2018 PASSED IN ITA NO. 1073/KOL/2012, THE TRIBUNAL QUASHED THE ORDER PASSE D BY THE LD. CIT UNDER SECTION 263. AS RIGHTLY CONTENDED BY THE LD. COUNSEL FOR THE ASSESSEE, AS A RESULT OF THE ORDER OF THE TRIBUNAL QUASHING THE ORDER PASSED BY THE LD. CIT UNDER SECTION 263, THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) READ WITH SE CTION 263 DATED 28.12.2010 HAS BECOME NULLITY AND THE ORDER PASSED BY THE ASSESSING OFFICER ORIGINALLY UNDER SECTION 143(3) VIDE AN ORD ER DATED 31.12.2007 STANDS RESTORED. WE ACCORDINGLY CANCEL THE ASSESSME NT ORDER DATED ITA NO. 35/KOL/2019 A.Y. 2005- 2006 M/S. RUPAYAN UDYOG (SINCE DISSOLVED) 3 28.12.2010 PASSED BY THE ASSESSING OFFICER UNDER SE CTION 143(3) READ WITH SECTION 263 OF THE ACT AND ALLOW THIS APPEAL O F THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 25, 2019. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER V ICE-PRESIDENT (KZ) KOLKATA, THE 25 TH DAY OF JANUARY, 2019 COPIES TO : (1) M/S. RUPAYAN UDYOG (SINCE DISSOLVED) CB-10/14, DESHBANDHU NAGAR, BAGUIATI, KOLKATA-700 059 (2) INCOME TAX OFFICER, WARD-49(4), KOLKATA, MANICKTALA CIVIC CENTRE, UTTARAPAN COMPLEX, CIT SCHEME-VI-M, KOLKATA-700 054 (3) COMMISSIONER OF INCOME TAX (APPEALS)-15, KOLKA TA, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.