Shri Sourav Biswas, Kolkata V. ITO, Ward - 37(1), Kolkata , Kolkata

ITA 39/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7550 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 05-01-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANKAR HALDER
• Keywords: Unexplained cash credit; Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [BEFORE SRI P.M. JAGTAP, VICE PRESIDENT, KZ & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER] I.T.A. NO. 39/KOL/2018 ASSESSMENT YEAR: 2013-14 SHRI SOURAV BISWAS..................APPELLANT 123/2, A.P.C. ROAD KOLKATA 700 006 [PAN : AIUPB 6815 E] INCOME TAX OFFICER, WARD-37(1), KOLKATA..................................................RESPONDENT APPEARANCES BY: SHRI SOUMITRA CHOUDHURY, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI SANKAR HALDER, JCIT SR. D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 2 ND , 2019 DATE OF PRONOUNCING THE ORDER : JANUARY 16 TH 2019 O R D E R PER S.S. VISWANETHRA RAVI, JM :- THIS APPEAL FILED BY THE ASSESSE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 2, KOLKATA, (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 13/07/2017, FOR THE ASSESSMENT YEAR 2013-14. 2. BEFORE US, THIS APPEAL WAS FILED WITH A DELAY OF 101 DAYS AND THE ASSESSEE FILED AN AFFIDAVIT STATING REASONS. ON PERUSAL OF THE SAID FACTS AND HEARING BOTH THE PARTIES, WE FIND THE REASONS STATED THEREIN ARE BONAFIDE AND, THEREFORE, THE DELAY OF 101 DAYS IN FILING OF THE APPEAL ARE CONDONED. 3. HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. THE ASSESSEE IS AN INDIVIDUAL AND IS ENGAGED IN THE BUSINESS OF WHOLESALE TRADING OF FOOD ITEMS, EDIBLE OIL AND PULSES. 4. IT IS PERTINENT TO NOTE THAT THERE WAS NO REPRESENTATION BEFORE THE ASSESSING OFFICER IN THE ASSESSMENT PROCEEDINGS AND THE LD. A/R SUBMITS THAT IF THE TRIBUNAL PLEASES TO REMAND THE ISSUE TO THE FILE OF THE ASSESSING OFFICER, THE ASSESSEE 2 I.T.A. NO. 39/KOL/2018 ASSESSMENT YEAR: 2013-14 SHRI SOURAV BISWAS UNDERTAKES TO PLACE ALL THE RELEVANT DETAILS REGARDING THE FACTUAL ASPECTS BEFORE THE ASSESSING OFFICER. 5. IT IS NOTED THAT THE ASSESSEE RAISED THE GROUNDS CHALLENGING THE ACTION OF THE LD. CIT(A) IN CONFIRMING THE ADDITIONS INVOLVING ESTIMATION OF NET PROFIT, ADDITION ON ACCOUNT OF UNEXPLAINED CASH CREDIT AND TREATING THE GIFTS RECEIVED AS UNEXPLAINED CASH CREDIT. BUT, HOWEVER, IT IS OBSERVED FROM THE IMPUGNED ORDER THAT THE LD. CIT(A) WITHOUT DECIDING THE GROUNDS ON MERITS DISPOSED OFF THE GROUNDS EX-PARTE. 5.1. IN OUR OPINION, TAKING INTO CONSIDERATION THE FACTS AND CIRCUMSTANCES OF THE CASE AND ADDITIONS CONFIRMED THEREON REQUIRES FINDING BY THE LD. CIT(A) AND AS DISCUSSED ABOVE SINCE THE LD. CIT(A) DECIDED THE APPEAL GROUNDS EX-PARTE, IN THE INTEREST OF JUSTICE, WE DEEM IT PROPER TO REMAND THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR HIS FRESH CONSIDERATION SUBJECT TO A PAYMENT OF COST OF RS.5,000/- BY THE ASSESSEE IN FAVOUR OF PRIME MINISTER RELIEF FUND, WITHIN 15 DAYS FROM THE DATE OF RECEIPT OF THIS ORDER. THE ASSESSEE IS AT LIBERTY TO FILE EVIDENCE, IF ANY, BEFORE THE ASSESSING OFFICER IN SUPPORT OF HIS CLAIMS. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES KOLKATA, THE 16 TH DAY OF JANUARY, 2019. SD/- SD/- [P.M. JAGTAP] [S.S. VISWANETHRA RAVI] VICE PRESIDENT JUDICIAL MEMBER DATED : 16.01.2019 {SC SPS} 3 I.T.A. NO. 39/KOL/2018 ASSESSMENT YEAR: 2013-14 SHRI SOURAV BISWAS COPY OF THE ORDER FORWARDED TO: 1. SHRI SOURAV BISWAS 123/2, A.P.C. ROAD KOLKATA 700 006 2. INCOME TAX OFFICER, WARD-37(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES