M/s. Premier Engineering Works, Kolkata V. DCIT, C ircle- 47, Kolkata, Kolkata

ITA 499/KOL/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48147 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 31-05-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 11-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H N SINGH
• Assessee Lawyers: N KAUSHIK

Judgement Text

, A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA () BEFORE , /AND , . . !' ) [BEFORE HONBLE SRI MAHAVIR SINGH, JM & HONBLE SHR I C. D. RAO, AM] # # # # / I.T.A NO. 499/KOL/2010 $% &' $% &' $% &' $% &'/ // / ASSESSMENT YEAR: 2006-07 M/S. PREMIER ENGINEERING WORKS VS DEPUTY COMMISS IONER OF INCOME-TAX, (PAN-AADFP 3828 Q) CIRCLE-47, KOLKATA ()* /APPELLANT ) (+,)*/ RESPONDENT ) FOR THE APPELLANT: SHRI N. KAUSHIK FOR THE RESPONDENT: SHRI H. N. SINGH !- / ORDER PER MAHAVIR SINGH, JM ( , , , , ) THIS APPEAL BY ASSESSEE IS ARISING OUT OF THE ORDER OF CIT(A)-XXX, KOLKATA IN APPEAL NO.271/CIT(A)-XXX/CIR-47/2008-09 VIDE DATED 18.01.2 010. THE ASSESSMENT WAS FRAMED BY DCIT, CIRCLE-47, KOLKATA U/S.143(3) OF THE INCOME T AX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2006-07 VIDE HIS ORD ER DATED 31.12.2008. 2. THE ONLY ISSUE IN THIS APPEAL OF THE ASSESSEE IS AGAINST THE ORDER OF CIT(A) CONFIRMING THE ADDITION MADE BY ASSESSING OFFICER UNDER THE HE AD INCOME FROM OTHER SOURCES. FOR THIS, THE ASSESSEE HAS RAISED THE FOLLOWING GROUND NO.1: 1. FOR THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD. COMMISSIONER OF INCOME- TAX (APPEALS) ERRED IN CONFIRMING ADDITION MADE BY THE LD. DCIT OF A SUM OF RS.2,65,000/- UNDER THE HEAD INCOME FROM OTHER SOU RCES ON THE GROUND OF UNDISCLOSED INCOME. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. THE BRIEF FACTS ARE THAT ASSESSING OFFICER RECEIVED AIR INFORMATION REGARDING JOB CHARGES RECEIVED BY THE ASSESSEE. ASSESSING OFFICER HAS DE TAILED OUT THE AIR INFORMATION INCLUDING PARTY NAME AND ADDRESS IN HIS ASSESSMENT ORDER AND FINALLY NOTED THAT THE JOB CHARGES RECEIVED FROM MULTI TECH AUTO LTD. AMOUNTING TO RS.2.65 LACS AS ON 31.3.2006 IS NOT ENTERED IN THE ACCOUNTS FILED ALONG WITH RETURN. ASSESSEE BEFORE THE ASSESSING OFFICER REPLIED THAT THE AMOUNT OF RS.2.65 LACS IS NOT IN ITS BOOKS OF ACCOUNT BECA USE IT IS NOT RELATED TO ASSESSEE BUT ASSESSING OFFICER TREATED THE AMOUNT OF RS.2.65 LACS AS UNDIS CLOSED AND ADDED BACK TO THE RETURNED INCOME OF THE ASSESSEE. AGGRIEVED, ASSESSEE PREFER RED APPEAL BEFORE CIT(A), WHO UPHELD THE ACTION OF THE ASSESSING OFFICER BY STATING THAT THE ASSESSEE HAS RAISED BILL OF JOB CHARGES OF RS.2.65 LACS AGAINST MULTI TECH AUTO LTD. WHICH IS NOT DISCLOSED IN THE ACCOUNTS. ACCORDINGLY, 2 ITA 499/K/2010 M/S. PREMIER ENGG. WORKS.. A.Y.06- 07 HE CONFIRMED THE ACTION OF THE ASSESSING OFFICER. AGGRIEVED, NOW THE ASSESSEE IS IN APPEAL BEFORE US. 4. WE FIND FROM RECORDS, PAGE 19 OF THE ASSESSEES PAPER BOOK, ON THE BASIS OF WHICH ADDITION IS MADE, WHICH RELATES TO PREMIER TRANSPOR T LTD. AND NOT THE ASSESSEE I.E. PREMIER ENGINEERING WORKS. THE PLEA OF THE ASSESSING OFFICE R AS WELL AS THE LD. DR IS THAT PREMIER TRANSPORT LTD. AND THE ASSESSEE IS SAME. WE FIND TH AT THE PAN AND ADDRESS OF THE ASSESSEE ARE AS UNDER: M/S. PREMIER ENGINEERING WORKS 194, G. T. ROAD (NO RTH), SALKIA, HOWRAH-711 106, PAN AADFP 3828 Q. AND PAN AND ADDRESS OF PREMIER TRANSPORT LTD. ARE A S UNDER: 13/14, RAMGAPPA REDDY COMPLEX, R. V ROAD NEAR MINE RVA CIRCLE, BANGALORE, PAN AAACP 6258 J. WE FIND THAT PREMIER TRANSPORT LTD. IS A DIFFERENT ENTITY AND THE JOB CHARGES CREDITED IN ITS ACCOUNT CANNOT BE ATTRIBUTED TO THE ASSESSEE. ACCO RDINGLY, WE HAVE NO HESITATION IN DELETING THE ADDITION AND THE SAME IS DELETED. THE APPEAL OF TH E ASSESSEE IS ALLOWED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. 6. ORDER PRONOUNCED IN OPEN COURT. SD/- SD/- . . !' , (C. D. RAO) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ( ' ' ' ') )) ) DATED 31 ST DAY OF MAY, 2011 ./ $01 2 JD.(SR.P.S.) !- 3 +4 5!4&6- COPY OF THE ORDER FORWARDED TO: 1 . )* / APPELLANT M/S. PREMIER ENGINEERING WORKS, C/O SRI R. P. SHARMA, ADVOCATE, 19-D, MUKTARAM BABU STREET, KOLKA TA-700 007. . 2 +,)* / RESPONDENT, D.C.I.T, CIR-47, KOLKATA 3 . -$ ( )/ THE CIT(A), KOLKATA 4. -$ / CIT, KOLKATA 5 . => +$ / DR, KOLKATA BENCHES, KOLKATA ,4 +/ TRUE COPY, !-$?/ BY ORDER, 1 /ASSTT. REGISTRAR .