Desire Overseas Pvt. Ltd., Kolkata V. I.T.O.,Ward-6(1), Kolkata

ITA 522/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0961 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 05-09-2019
• Assessment Year: 2015-2016
• Appeal Filed On: 15-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 201

Judgement Text

ITA NO. 522/KOL/2019 ASSESSMENT YEAR: 2015-2016 DESIRE OVERSEAS PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KOLKATA ZO NE) I.T.A. NO. 522/KOL/2019 ASSESSMENT YEAR: 2015-2016 DESIRE OVERSEAS PVT. LIMITED,...................... .............................APPELLANT 18, RABINDRA SARANI, GATE NO. 3, 8 TH FLOOR, PODDAR COURT, KOLKATA-700001 [PAN: AADCD1807C] -VS.- INCOME TAX OFFICER,................................ ...................................RESPONDENT WARD-6(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: SHRI MANISH TIWARI, FCA, FOR THE APPELLANT SHRI KALYAN NATH, ADDL.CIT, SR. D.R , FOR THE RESPONDEN T DATE OF CONCLUDING THE HEARING : SEPTEMBER 05, 201 9 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 05, 2019 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLKATA DAT ED 10.01.2019 AND THE SOLITARY ISSUE INVOLVED THEREIN RELATES TO THE ADDITION OF RS.3,30,372/- MADE BY THE ASSESSING OFFICER AND CONFIRMED BY THE LD. CIT(APPEALS) ON ACCOUNT OF MISMATCH IN EXPORT SALES. 2. THE ASSESSEE IN THE PRESENT CASE IS A COMPANY, W HICH FILED ITS RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION D ECLARING TOTAL INCOME OF RS.28,72,000/-. IN THE PROFIT & LOSS ACCOUNT FIL ED ALONG WITH THE SAID RETURN, EXPORT SALES WERE DECLARED BY THE ASSESSEE AT RS.1,87,40,246/- ITA NO. 522/KOL/2019 ASSESSMENT YEAR: 2015-2016 DESIRE OVERSEAS PVT. LIMITED 2 WHILE AS PER THE ITS DATA AVAILABLE WITH THE ASSESS ING OFFICER, THE EXPORT SALES WERE REFLECTED AT RS.1,90,70,619/-. THERE WAS THUS A DIFFERENCE OF RS.3,30,372/- IN THE EXPORT SALES AND SINCE THE ASS ESSEE COULD NOT EXPLAIN THE SAME TO THE SATISFACTION OF THE ASSESSING OFFIC ER, THE ADDITION OF RS.3,30,372/- WAS MADE BY THE ASSESSING OFFICER TO THE TOTAL INCOME OF THE ASSESSEE ON ACCOUNT OF MISMATCH IN EXPORT SALES IN THE ASSESSMENT COMPLETED UNDER SECTION 143(3) VIDE AN ORDER DATED 11.09.2017. 3. ON APPEAL, THE LD. CIT(APPEALS) CONFIRMED THE SA ID ADDITION MADE BY THE ASSESSING OFFICER OBSERVING THAT NO WRITTEN SUBMISSION WAS FILED BY THE ASSESSEE IN SUPPORT OF ITS CASE ON THIS ISSU E. AGGRIEVED BY THE ORDER OF THE LD. CIT(APPEALS), THE ASSESSEE HAS PRE FERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE LD. COUN SEL FOR THE ASSESSEE HAS SUBMITTED THAT THE DETAILS OF EXPORT SALES AS CLAIM ED TO BE REFLECTED IN ITS DATA AVAILABLE WITH THE ASSESSING OFFICER AT RS.1,9 0,70,619/- WERE NEVER PROVIDED TO THE ASSESSEE BY THE ASSESSING OFFICER A ND IN THE ABSENCE OF THE SAME, THE ASSESSEE COULD NOT RECONCILE THE DIFF ERENCE POINTED OUT BY THE ASSESSING OFFICER IN THE EXPORT SALES. HE HAS S UBMITTED THAT THIS MATTER MAY, THEREFORE, BE SENT BACK TO THE ASSESSIN G OFFICER WITH A DIRECTION TO THE ASSESSING OFFICER TO PROVIDE THE R ELEVANT DETAILS SO THAT THE ASSESSEE CAN EXPLAIN AND RECONCILE THE DIFFEREN CE. KEEPING IN VIEW ALL THE FACTS OF THE CASE, I AM INCLINED TO ACCEPT THIS CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. THE IMPUGNED ORDER OF THE LD. CIT(APPEALS) ON THE ISSUE UNDER CONSIDERATION IS ACCORDINGLY SET AS IDE AND THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR D ECIDING THE SAME AFRESH AFTER PROVIDING THE RELEVANT ITS DETAILS AVAILABLE WITH HIM AND AFTER GIVING THE ASSESSEE PROPER AND SUFFICIENT OPPORTUNI TY OF BEING HEARD TO RECONCILE AND EXPLAIN THE DIFFERENCE POINTED OUT IN THE EXPORT SALES. ITA NO. 522/KOL/2019 ASSESSMENT YEAR: 2015-2016 DESIRE OVERSEAS PVT. LIMITED 3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON SEPTEMBER 5, 2019. SD/- (P.M. JAGTAP) VICE-PRESIDENT (KZ) KOLKATA, THE 5 TH DAY OF SEPTEMBER, 2019 COPIES TO : (1) DESIRE OVERSEAS PVT. LIMITED, 18, RABINDRA SARANI, GATE NO. 3, 8 TH FLOOR, PODDAR COURT, KOLKATA-700001 (2) INCOME TAX OFFICER, WARD-6(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLKA TA, (4) COMMISSIONER OF INCOME TAX, KOLKATA- , KOLKATA; (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.