DCIT, CC-XII, KOLKATA, Kolkata V. Shri Ajay Kumar Agarwala, Kolkata

ITA 436/KOL/2014

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2971 (ITAT-KOLKATA)
• Duration Of Justice: 5 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 14-03-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DR P K SRIHARI CIT LD
• Assessee Lawyers: S JHAJAHRIA FCA LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, KOLKATA BEFORE SHRI A.T, VARKEY , JM & DR. A.L. SAINI, AM ITA NO. 436 /KOL/201 4 A.Y 20 1 2 - 13 D.C.I.T, CC - XII, KOLKATA VS. AJAY KUMAR AGARWALA PAN: ADFPA0644L ( / APPELLANT) .. ( / RESPONDENT) APPELLANT BY : SHRI DR. P.K. SRIHARI, CIT, LD.DR RESPONDENT BY : SHRI S.JHAJAHRIA, FCA, LD.AR / DATE OF HEARING : 26 - 06 - 2019 / DATE OF PRONOUNCEMENT: 21 - 0 8 - 2019 / O R D E R PER DR. A. L. SAINI, AM: THE CAPTIONED APPEAL FILED BY THE R EVENUE , PERTAINING TO ASSESSMENT YEAR 20 1 2 - 13 , IS DIRECTED AGAINST THE ORDER DATED 16 - 01 - 2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) , CENTRAL - II , KOLKA TA, WHICH IN TURN ARISES OUT OF AN ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER U/S. 14 3(3) OF THE INCOME - TAX ACT, 1961 ( IN SHORT THE ACT) DATED 2 7 - 05 - 2013 . 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. LD. COUN SEL FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE LD. CIT(A) DID NOT VERIFY THE DEBIT AND CREDIT ENTRIES OF CASH BOOK CONTAINING PAGES 24 TO 58 OF THE PAPER BOOK . ALTERNATIVELY, THE LD. CIT(A) OUGHT TO HAVE GIVEN AN OPPORTUNITY TO THE ASSESSING OFFICER TO EXAMINE DEBIT/CREDIT ENTRIES IN CASH BOOK AND OUGHT TO HAVE CALLED A REMAND REPORT FROM AO. THE DEBIT AND CREDIT ENTRIES IN THE CASH BOOK GO TO THE ROOT OF THE MATTER AND WITHOUT VERIFY ING THEM IT IS NOT POSSIBLE TO REACH ON DEFINITE FINDINGS. THE LD . DR FOR THE REVENUE URGED BEFORE US TO REMAND THE MATTER BACK TO THE FILE OF THE ITA NO. 436 /KOL/201 4 SHRI AJAY KUMAR AGARWALA 2 CIT(A) FOR VERIFICATION OF THE CASH BOOK ENTRIE S BY WAY OF REMAND REPORT. LD. CIT(A) THUS, WITHOUT VERIFYING THE SAID DEBIT AND CREDIT ENTRIES IN CASH BOOK PASSED THE ORD ER, WHICH CANNOT BE SAID AN ORDER ON MERITS . HENCE, MATTER SHOULD BE REMITTED BACK TO THE FILE OF LD. CIT(A) FOR VERIFICATION OF DEBIT AND CREDIT ENTRIES IN CASH BOOK. 3. W E HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE NOT E THAT NEITHER LD. CIT(A) HAS VERIFIED THE DEBIT CREDIT ENTRIES IN CASH BOOK NOR ASSESSING OFFICER HAS BEEN PROVIDED OPPORTUNITY TO EXAMINE THEM. WITHOUT VERIFICATION OF DEBIT - CREDIT ENTRIES OF THE CASH BOOK, IT IS NOT POSSIBLE TO DETERMINE THE CORRECT I NCOME OF THE ASSESSEE, THEREFORE, IT GOES TO THE ROOT OF THE MATT E R. THEREFORE, WE ARE OF THE VIEW THAT MATTER SHOULD BE REMITTED BACK TO THE FILE OF THE LD. CIT(A) FOR EXAMINATION OF DEBIT AND CREDIT ENTRIES IN CASH BOOK AND TO PASS ORDER ON MERITS. THE REFORE, WE SET - ASIDE THE ORDER OF LD. CIT(A) AND REMIT THIS ISSUE BACK TO THE FILE OF LD. CIT(A) TO ADJUDICATE THE ISSUE AFRESH, AS PER LAW AFTER GIVING THE ASSESSEE ADEQUATE OPPORTUNITY OF HEARING. THE ASSESSEE SHALL BE AT LIBERTY TO FILE REQUISITE EVIDE NCES/EXPLANATION, IF ANY, TO SUBSTANTIATE HIS CASE. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 /0 8 /201 9 SD/ - (A.T. VARKEY ) SD/ - (A. L. SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA; DATED: 21 / 0 8 /201 9 ITA NO. 436 /KOL/201 4 SHRI AJAY KUMAR AGARWALA 3 *PP , S R. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT - DCIT, CC - XII, AAYKAR BHAWAN PURBA, 110 SHANTIPALLY, KOLKATA - 107. 2. / THE RESPONDENT. - SHRI AJAY KUMAR AGARWALA, OM TOWER, 32 CHOWRINGHEE ROAD, KOLKATA - 71. 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT, KOLKATA 6. / GUARD FILE. //TRUE COPY// BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA .