Mahender Sharma, Durgapur V. I.T.O.,Ward-2(2), Durgapur

ITA 51/KOL/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3894 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 12-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.51/Kol/2020 Assessment Year: 2013-14 Mahender Sharma....................................................................................Appellant Shama Mansion, 2 nd Floor, G.T. Road, Bhiringi, Durgapur-713213. [PAN: AYAPS0102K] vs. ITO, Ward-2(2), Durgapur.................................................................Respondent Appearances by: Shri Dilip Kumar Shaw, CA, appeared on behalf of the appellant. Smt. Ranu Biswas, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : April 26, 2022 Date of pronouncing the order : April 26, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 23.10.2019 of the Commissioner of Income Tax, Durgapur [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act(hereinafter referred to as the ‘Act’). 2. The sole grievance put in by the assessee is that the profits have been estimated on ad hoc basis whereas the accounts of the assessee have been fully audited. 3. It has been pleaded that audited books of accounts were part of the return which the Assessing Officer was supposed to consider. Even the ld. CIT(A) has failed to appreciate the above contentions of the assessee. The ld. AR, therefore, has prayed that the matter be restored to the file of the Assessing Officer for assessment afresh after considering the duly audited accounts of the assessee. The ld. DR could not controvert the above submissions of the ld. AR of the assessee. In view of this, the impugned order of the CIT(A) is hereby set aside and the matter is restored to the file of the Assessing Officer for assessment afresh with a direction to consider the duly audited accounts of the assessee and to give a reasonable opportunity of hearing to the assessee and thereafter to pass assessment order in accordance with law. I.T.A. No.51/Kol/2020 Assessment Year: 2013-14 Mahender Sharma 2 4. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 26 th April, 2022. Sd/- Sd/- [Girish Agrawal] [Sanjay Garg] Accountant Member Judicial Member Dated: 26.04.2022. RS Copy of the order forwarded to: 1. Mahender Sharma 2. ITO, Ward-2(2), Durgapur 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches