M/s. R.K. Mondal & Brothers, Burdwan V. ITO, Ward -1(1) Durgapur, Durgapur

ITA 353/KOL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1873 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 21-02-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SNEHANGSHU BISWAS
• Assessee Lawyers: U DASGUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM] I.T.A NO. 353/KOL/201 7 ASSESSMENT YEAR : 2012-1 3 M/S R.K.MONDAL & BROTHERS -VS.- I.T.O., W ARD-1(1) BURDWAN DURGAPUR. [PAN : AAHFR 6294 C] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI U.DASGUP TA, ADVOCATE FOR THE RESPONDENT : SHRI SNEHANGSHU BISWAS, ADDL. CIT DATE OF HEARING : 14.12.2017. DATE OF PRONOUNCEMENT : 03.01.2018. ORDER THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 31.11.2016 OF CIT(A),DURGAPUR RELATING TO A.Y.2012-13. 2. THE ASSESSEE IS A PARTNERSHIP FIRM. IT CARRIES O N BUSINESS AS CONTRACTOR. FOR A.Y.2012-13 THE ASSESSEE FILED RETURN OF INCOME DEC LARING TOTAL INCOME OF RS.3,54,680/- . IN THE COURSE OF ASSESSMENT PROCEEDINGS THE AO NO TICED THAT THE ASSESSEE HAD DECLARED GROSS RECEIPTS OF RS.2,62,59,598/- FROM EASTERN COA LFIELDS LTD. ON VERIFICATION FROM EASTERN COALFIELDS LTD, IN ITS LETTER DATED 27.11.2 014 CONFIRMED THAT THE ASSESSEE HAD RAISED BILLS FOR RS.2,73,98,756/- DURING THE RELEVA NT PREVIOUS YEAR. THE AO POINTED OUT CERTAIN DEFECTS IN THE BOOKS OF ACCOUNT AND ULTIMAT ELY REJECTED THE BOOK RESULTS AND ADDED 6% OF GROSS RECEIPTS OF RS.2,73,98,756/- WHIC H WAS GROSS RECEIPTS AS PER THE LETTER OF EASTERN COALFIELDS LTD. 3. ON APPEAL BY THE ASSESSEE THE CIT(A) CONFIRMED T HE ORDER OF THE AO. 4. AGGRIEVED BY THE ORDER OF CIT(A) THE ASSESSEE HA S PREFERRED THE PRESENT APPEAL BEFORE THE TRIBUNAL. 5. AT THE TIME OF HEARING OF THE APPEAL THE LD. COU NSEL FOR THE ASSESSEE FILED BEFORE ME FORM NO.16A WHICH IS A CERTIFICATE OF TDS ISSUED BY EASTERN COALFIELDS LTD FOR THE PERIOD FROM 01.04.2011 TO 31.03.2012. THIS CERTIFIC ATE SHOWS THAT THE AMOUNT PAID TO 2 ITA NO.353/KOL/2017 M/S R.K.MONDAL & BROTHERS A.YR.2012-13 2 THE ASSESSEE WAS FOR THE PREVIOUS YEAR RELEVANT TO A.Y.2012-13 WAS ONLY RS.L2,62,59,598/- WHICH WAS THE GROSS RECEIPTS SHOW N BY THE ASSESSEE IN ITS BOOKS OF ACCOUNTS. THE ASSESSEE HAS ALSO FILED FORM 26AS FOR THE ASSESSMENT YEAR 2012-13 WHICH ALSO REFLECTS THE SAME GROSS RECEIPTS. THE LD . COUNSEL ALSO FILED BEFORE ME FORM 26AS FOR THE ASSESSMENT YEAR 2013-14 WHICH SHOWS TH AT ON 31.05.2012 A SUM OF RS.11,39,158/- (DIFFERENCE BETWEEN RS.23,73,98,756/ - CONFIRMED BY EASTERN COALFIELDS IN THEIR LETTER FILED BEFORE THE AO AND RS.2,62,59, 598/- GROSS RECEIPT DECLARED BY THE ASSESSEE IN THE RETURN OF INCOME FOR ASSESSMENT YEA R 2012-13) HAS BEEN PAID TO THE ASSESSEE AND TDS HAD BEEN DEDUCTED THEREON. IT IS T HUS CLEAR THAT A SUM OF RS.11,39,158/- DO NOT PERTAIN TO A.Y.2012-13 AND TH EREFORE COULD NOT HAVE BEEN INCLUDED IN THE GROSS RECEIPTS IN THAT YEAR. CONSEQ UENTLY THE ESTIMATION OF INCOME OF THE ASSESSEE AT 6% SHOULD BE MADE ON THE GROSS RECEIPTS OF RS.2,62,59,598/- AS DECLARED BY THE ASSESSEE. I HOLD ACCORDINGLY AND ALLOW THE APPE AL OF THE ASSESSEE TO THE EXTENT INDICATED ABOVE. THE LD. COUNSEL DID NOT PRESS FOR ADJUDICATION OF ANY OTHER ISSUE. 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS PAR TLY ALLOWED. ORDER PRONOUNCED IN THE COURT ON 03.01.2018. SD/- [ N.V.VASUDEVAN ] JUDICIAL MEMBER DATED : 03.01.2018. [RG SR.PS] COPY OF THE ORDER FORWARDED TO: 1. M/S R.K.MONDAL & BROTHERS, VILL + P.O.KAJORAGRAM , DIST. BURDWAN-713338. 2. I.T.O., WARD-1(1), DURGAPUR. 3. CIT(A)-DURGAPUR. 4. C.I.T.-DURGAPUR. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVATE SECR ETARY HEAD OF OFFICE/ D.D.O., ITAT KOLKATA BENCHES 3 ITA NO.353/KOL/2017 M/S R.K.MONDAL & BROTHERS A.YR.2012-13 3