Santosh Kumar Singh, Hoogly V. ITO, Ward-48(3), Kolkata

ITA 549/KOL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6092 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2016-2017
• Appeal Filed On: 28-10-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Unexplained investment; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC (VIRTUAL COURT HEARING), BENCH KOLKATA BEFORE SRI SANJAY GARG, JUDICIAL MEMBER I.T.A. NO.549/KOL/2020 ASSESSMENT YEAR: 2016-17 SANTOSH KUMAR SINGH...............APPELLANT [PAN : BJHPS8301R] ITO, WARD-48(3), KOLKATA.....RESPONDENT APPEARANCES BY: SHRI RAVI SAHAY, A/R, APPEARED ON BEHALF OF THE APPELLANT. SMT. RANU BISWAS, ADDL. CIT, SR. DR, APPEARED ON BEHALF OF THE RESPONDENT. DATE OF CONCLUDING THE HEARING : JANUARY 07, 2021 DATE OF PRONOUNCING THE ORDER : JANUARY 07, 2021 HEARING THROUGH VIDEO CONFERENCING ORDER THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2016-17 AGAINST THE ORDER DATED 13.12.2019 OF THE COMMISSIONER OF INCOME TAX(APPEALS)-14, KOLKATA [HEREINAFTER REFERRED TO AS THE CIT(A)]. 2. THE ASSESSEE IN THIS APPEAL HAS CONTESTED THE CONFIRMATION OF ADDITION OF RS.10,00,000/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED INVESTMENTS BY THE ASSESSEE. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT THE INVESTMENTS WERE MADE OUT OF THE BANK ACCOUNT OF THE ASSESSEE AND THAT THE ASSESSEE CAN FULLY EXPLAIN THE SOURCE OF THE INVESTMENT. THAT DURING ASSESSMENT PROCEEDINGS THE NOTICES WERE SENT AT THE DIFFERENT ADDRESS BY THE ASSESSING OFFICER THEREFORE THE ASSESSEE COULD NOT REPRESENT AND PRODUCE THE REQUIRED EVIDENCES BEFORE THE ASSESSING OFFICER. THAT, HOWEVER, IN THE APPELLATE PROCEEDINGS BEFORE THE CIT(A), THE ASSESSEE PRODUCED THE RELEVANT EVIDENCES AND THE LD. CIT(A) HAD ALSO CALLED FOR A REMAND REPORT FROM THE ASSESSING OFFICER ON THE SAID EVIDENCES PRODUCED BY THE ASSESSEE. HOWEVER, THE ASSESSING OFFICER AGAIN SENT THE NOTICES OF HEARING AT DIFFERENT/WRONG ADDRESS AND THEREFORE, THE ASSESSEE COULD NOT PRESENT HIMSELF PERSONALLY BEFORE THE 2 I.T.A. NO.549/KOL/2020 ASSESSMENT YEAR: 2016-17 SANTOSH KUMAR SINGH ASSESSING OFFICER. THE LD. ASSESSING OFFICER ACCORDINGLY DECIDED THE ISSUE AGAINST THE ASSESSEE. IT HAS BEEN FURTHER SUBMITTED THAT THE LD. CIT(A) ALSO FAILED TO LOOK INTO AND CONSIDER THE EVIDENCES FURNISHED BY THE ASSESSEE. THE LD. COUNSEL THEREFORE SUBMITS THAT THE ASSESSEE MAY BE GIVEN AN OPPORTUNITY TO PRESENT HIS CASE BEFORE THE ASSESSING OFFICER SO THAT THE ASSESSEE MAY EXPLAIN THE SOURCE OF INVESTMENTS. 3. I HAVE HEARD BOTH THE LEARNED REPRESENTATIVES OF THE PARTIES. FROM THE PERUSAL OF THE RECORD, I FIND FORCE IN THE SUBMISSIONS OF THE ASSESSEE AND I AM OF THE VIEW THAT IN THE INTEREST OF JUSTICE, AN OPPORTUNITY SHOULD BE GRANTED TO THE ASSESSEE TO PRESENT HIS CASE BEFORE THE ASSESSING OFFICER SO THAT THE ASSESSEE BE ABLE TO EXPLAIN THE SOURCE OF THE AMOUNT FROM WHICH THE ALLEGED INVESTMENTS WERE MADE BY THE ASSESSEE. IN VIEW OF THIS, THE IMPUGNED ORDER OF THE LD. CIT(A) IS SET ASIDE AND THE MATTER IS REMANDED TO THE FILE OF THE ASSESSING OFFICER FOR DECIDING THE ISSUE AFRESH. THE ASSESSEE WILL APPEAR BEFORE THE ASSESSING OFFICER EITHER PERSONALLY OR THROUGH REPRESENTATIVES ON 17.02.2021 AND THEREAFTER AS AND WHEN REQUIRED BY THE ASSESSING OFFICER. NO SEPARATE NOTICE OF THE FIRST HEARING I.E. ON 17.02.2021 WILL BE ISSUED TO THE ASSESSEE. IN THE EVENT OF FAILURE BY THE ASSESSEE TO APPEAR BEFORE THE ASSESSING OFFICER ON THE FIXED DATE I.E. ON 17.02.21, THE ASSESSING OFFICER WILL BE AT LIBERTY TO PROCEED IN ACCORDANCE WITH LAW. WITH THE ABOVE OBSERVATIONS, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 7 TH JANUARY, 2021. SD/- [ SANJAY GARG ] JUDICIAL MEMBER DATED : 21.01.2021 RS 3 I.T.A. NO.549/KOL/2020 ASSESSMENT YEAR: 2016-17 SANTOSH KUMAR SINGH COPY OF THE ORDER FORWARDED TO: 1 . SANTOSH KUMAR SINGH , 11A, DAS PARA LANE, RISHRA, MOREPUKUR, HOOGHLY 2. ITO, WARD-48(3), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), TRUE COPY BY ORDER ASSISTANT REGISTRAR , KOLKATA BENCHES