Dhakin Soren, Paschim Medinipur V. ITO, Ward - 2(4), Midnapore, Paschim Medinipur

ITA 354/KOL/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48134 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 03-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K PRAMANICK
• Assessee Lawyers: T K CHAKRABORTY
• Keywords: Unexplained investment
• Section: 142(1)

Judgement Text

, , , , , , ,, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [ . . . . . .. . , , ! ! ! ! , ] [BEFORE HONBLE SHRI S.V. MEHROTRA, AM & HONBLE SHRI MAHAVIR SINGH, JM !' !' !' !' / I.T.A. NO. 354/KOL/2011 #$ %& #$ %& #$ %& #$ %&/ // / ASSESSMENT YEAR : 2006-07 DHAKIN SOREN -VS.- INCOME TAX OFFICER/W ARD-2(4) WEST MIDNAPORE [PAN : BAUPS 5721 F] MIDNAPORE. ()* /APPELLANT ) (,-)*/ RESPONDENT ) )* / FOR THE APPELLANT : . /SHRI T. K. CHAKRABORTY ,-)* / FOR THE RESPONDENT : . / SHRI A. K. PRAMANICK / /O R D E R [ . . . . . .. . , ] PER S.V. MEHROTRA, AM THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT Y EAR 2006-07 AGAINST ORDER OF CIT(A)- XXXVI, KOLKATA DATED 12.01.2011. 2. THE ASSESSEE IN THE RELEVANT ASSESSMENT YEAR, WA S TRADING IN PETROLEUM PRODUCTS AND CARRIED ON THE BUSINESS AS PROPRIETOR IN THE NAME O F M/S. SOREN PETRO CARE CENTER. THE ASSESSMENT WAS COMPLETED U/S. 144 OF THE INCOME TAX ACT. THE A SSESSING OFFICER HAS STATED IN THE ASSESSMENT ORDER THAT VARIOUS NOTICES ISSUED U/S. 1 43(2) & 142(1) WERE NOT COMPLIED. THEREFORE, HE REJECTED THE ACCOUNTS AND ESTIMATED THE INCOME @ 3% OF THE TOTAL TURN OVER WHICH AMOUNTED TO RS.6,13,561/-. HE ALSO MADE AN ADDITION OF RS.49.25 LAKHS U/S 69B TREATING THE SAME AS UNEXPLAINED INVESTMENT. BEFORE THE LD. CIT(A) ALSO, THE MATTER WAS DECIDED EX PARTE AS NO BODY ATTENDED OR ANY WRITTEN SUBMISSION FILED. THE LD. C IT(A) DISMISSED THE ASSESSEES APPAL. 3. HAVING HEARD BOTH THE PARTIES, WE ARE OF THE OPI NION THAT SINCE BOTH THE REVENUE AUTHORITIES HAVE DECIDED THE ISSUE EX PARTE, IT WOULD BE IN THE INTEREST OF JUSTICE THAT IN ORDER TO IMPART SUBSTANTIAL JUSTICE TO ASSESSEE, ONE MORE OPPORTUNI TY BE PROVIDED. WE, ACCORDINGLY, SET ASIDE THE [ ITA NO. 738/KOL/2010] 2 ORDER OF LD. CIT(A) AND RESTORE THE MATTER TO THE A SSESSING OFFICER FOR PASSING THE ASSESSMENT ORDER DE NOVO. THE ASSESSEE IS DIRECTED TO COOPERAT E IN THE PROCEEDINGS. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. / / / / 0 0 0 0 1 11 1 0# 0# 0# 0# 2 2 2 2 3 33 3 4 4 4 4 ORDER PRONOUNCED IN THE OPEN COURT ON 03. 06. 2011. SD/- SD/- [ ! , ] [ .. , ] [ MAHAVIR SINGH ] [ S.V. MEHROTRA ] JUDICIAL MEMBER ACCOUNTANT MEMBER 4 / DATED : 3RD JUNE, 2011. / 5 , 6 76%8 - COPY OF THE ORDER FORWARDED TO: 1. /APPLICANT- DHAKIN SOREN, VILL JAMDA, P.O. & P.S. JHARGRAM, DIST. WEST MIDNAPORE. 2 ,-)* / RESPONDENT : INCOME TAX OFFICER/WARD-2(4), WEST M IDANPORE. 3. /# / CIT(E) 4. /# ( )/ CIT(A) 5. 2 , # / DR, KOLKATA BENCHES, KOLKATA [ -6 , / TRUE COPY] /#0 / BY ORDER 9 / !: /DEPUTY/ASSTT. REGISTRAR . [KKC ;< #=: > /SR.PS]