Ramesh Sharma, Kolkata V. ITO, WD-62(3), KOLKATA, Kolkata

ITA 375/KOL/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4942 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 07-03-2016
• Court: TRIBUNAL
• Department Lawyers: P K CHAKRABORTY CIT SR D R DEP
• Assessee Lawyers: RAMESH SHARMA
• Section: 143(3); 147; 144

Judgement Text

I.T.A. NO. 375/KOL./2016 ASSESSMENT YEAR: 2004-2005 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 375 /KOL/ 2016 ASSESSMENT YEAR: 2004-2005 RAMESH SHARMA,..................................... ..........................APPELLANT D/3C, V.I.P. TERRACE, 30/1, GOLAGHATA ROAD, KOLKATA-700 048 [PAN : AMAPS 5178 D] -VS.- INCOME TAX OFFICER,................................ ...........................RESPONDENT WARD-62(3), KOLKATA, BAMBOO VILLA, KOLKATA-700 014 APPEARANCES BY: SHRI RAMESH SHARMA, ADVOCATE, FOR THE ASSESSEE SHRI P.K. CHAKRABORTY, ADDL.CIT, SR. D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : APRIL 21, 2016 DATE OF PRONOUNCING THE ORDER : APRIL 27, 2016 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-21, KOLKAT A DATED 10.12.2015, WHEREBY HE CONFIRMED THE DISALLOWANCE MADE BY THE A SSESSING OFFICER ON ACCOUNT OF ASSESSEES CLAIM FOR DEDUCTION TOWARDS I NTEREST, ETC. PAID TO GIC HOUSING FINANCE LIMITED. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INDIVIDUA L, WHO IS AN ADVOCATE, BY PROFESSION. IN THE ASSESSMENT ORIGINAL LY COMPLETED UNDER SECTION 144 READ WITH SECTION 147 VIDE AN ORDER DAT ED 21.09.2007, THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED BY THE ASSESSING OFFICER AT RS.3,23,270/-. ON APPEAL, THE LD. CIT(APPEALS) ALLO WED PART RELIEF TO THE ASSESSEE. ON FURTHER APPEAL, THE TRIBUNAL SET ASIDE THE ORDER OF THE LD. CIT(APPEALS) AND RESTORED THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION. AS PER THE DIRECTION OF THE TRIBUNAL, FRESH I.T.A. NO. 375/KOL./2016 ASSESSMENT YEAR: 2004-2005 PAGE 2 OF 3 ASSESSMENT WAS MADE BY THE ASSESSING OFFICER VIDE O RDER DATED 23.09.2011 PASSED UNDER SECTION 143(3) READ WITH SE CTION 254 OF THE ACT, WHEREIN HE DISALLOWED THE CLAIM OF THE ASSESSEE FOR DEDUCTION ON ACCOUNT OF INTEREST, ETC. PAID TO GIC HOUSING FINANCE LIMIT ED ON THE GROUND THAT THE CLAIM OF THE ASSESSEE OF HAVING PAID INTEREST, ETC. WAS NOT SUPPORTED BY ANY DOCUMENTARY EVIDENCE. 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 143(3) READ WITH SECTION 254, AN APPEAL WAS PREFERR ED BY THE ASSESSEE BEFORE THE LD. CIT(APPEALS), WHO DISMISSED THE SAME AND CONFIRMED THE DISALLOWANCE MADE BY THE ASSESSING OFFICER ON ACCOU NT OF INTEREST, ETC. PAID BY THE ASSESSEE TO GIC HOUSING FINANCE LIMITED ON THE GROUND THAT THE ASSESSEE COULD NOT SUBSTANTIATE HIS CLAIM FOR S UCH PAYMENT BY PRODUCING THE SUPPORTING DOCUMENTARY EVIDENCE EITHE R BEFORE THE ASSESSING OFFICER OR EVEN BEFORE HIM. AGGRIEVED BY THE ORDER OF THE LD. CIT(APPEALS), THE ASSESSEE HAS PREFERRED THIS APPEA L BEFORE THE TRIBUNAL. 4. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTE D BY THE LD. COUNSEL FOR THE ASSESSEE, A COPY OF STATEMENT ISSUED BY THE GIC HOUSING FINANCE LIMITED EVIDENCING THE PAYMENT OF INTEREST, ETC. DU RING THE YEAR UNDER CONSIDERATION WAS FILED BY THE ASSESSEE BEFORE THE LD. CIT(APPEALS) ON 30 TH JULY, 2015, BUT THE LD. CIT(APPEALS) HAS NOT TAKEN COGNIZANCE OF THE SAME WHILE DISMISSING THE APPEAL OF THE ASSESSEE BY HIS IMPUGNED ORDER. HE HAS ALSO FILED A COPY OF LETTER UNDER WHICH THE SAID STATEMENT WAS FILED BY THE ASSESSEE, DULY ACKNOWLEDGED BY THE OFFICE OF THE LD. CIT(APPEALS)- 21, KOLKATA, WHICH CLEARLY SHOWS THAT THE RELEVANT DOCUMENTARY EVIDENCE TO SUPPORT AND SUBSTANTIATE HIS CLAIM FOR PAYMENT O F INTEREST, ETC. TO GIC HOUSING FINANCE LIMITED WAS DULY FILED BY THE ASSES SEE ON 30 TH JULY, 2015 ITSELF, THAT IS WELL BEFORE PASSING OF THE IMPUGNED ORDER BY THE LD. CIT(APPEALS) ON 10.12.2015, BUT THE LD. CIT(APPEALS ) HAS FAILED TO TAKE I.T.A. NO. 375/KOL./2016 ASSESSMENT YEAR: 2004-2005 PAGE 3 OF 3 COGNIZANCE OF THE SAME. I, THEREFORE, CONSIDER IT F AIR AND PROPER AND IN THE INTEREST OF JUSTICE TO SET ASIDE THE IMPUGNED ORDER OF THE LD. CIT(APPEALS) AND REMIT THE MATTER BACK TO HIM WITH A DIRECTION T O DISPOSE OF THE APPEAL OF THE ASSESSEE AFRESH AFTER TAKING INTO CONSIDERAT ION THE STATEMENT OF GIC HOUSING FINANCE LIMITED FILED BY THE ASSESSEE UNDER LETTER DATED 30 TH JULY, 2015. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 27, 201 6. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 27 TH DAY OF APRIL, 2016 COPIES TO : (1) SHRI RAMESH SHARMA, D/3C, V.I.P. TERRACE, 30/1, GOLAGHATA ROAD, KOLKATA-700 048 (2) INCOME TAX OFFICER, WARD-62(3), KOLKATA, BAMBOO VILLA, KOLKATA-700 014 (3) COMMISSIONER OF INCOME TAX (APPEALS)-21, KOLKA TA (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.