Mani Munjal , Bidhan Nagar V. ITO-1(2), Durgapur, Durgapur

ITA 606/KOL/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8935 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 28-11-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 18-06-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Peak credit; Set aside
• Section: 250

Judgement Text

आयकर अपीलȣय अͬधकरण, कोलकाता पीठ ‘एसएमसी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA Įी संजय गग[, ÛयाǓयक सदèय एवं Įी ͬगरȣश अĒवाल, लेखा सदèय के सम¢ Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.606/Kol/2023 Assessment Year: 2012-13 Mani Munjal.............................................................................Appellant B-110, Sargam Sarani, Sector-2C, Bidhan Nagar, W.B – 713212. [PAN: AZKPM0635J] vs. ITO, Ward-1(2), Durgapur............................................................. Respondent Appearances by: None appeared on behalf of the appellant. Shri Subro Das, Addl. CIT-Sr. DR, appeared on behalf of the Respondent. Date of concluding the hearing : January 31, 2024 Date of pronouncing the order : January 31, 2024 आदेश / ORDER संजय गग[, ÛयाǓयक सदèय ɮवारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 28.06.2019 of the Commissioner of Income Tax (Appeals)- 11, Kolkata [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. The assessee in this appeal has taken the following grounds of appeal: “1. Instead of taking peak balance of undisclosed bank account whole of the deposits made during the year has been added as income. Hence appeal. Your Honor requested to consider the peak balance theory and provide the necessary relief.” I.T.A. No.606/Kol/2023 Assessment Year: 2012-13 Mani Munjal 2 3. No one has come present on behalf of the assessee despite service of notice of hearing many a times, therefore, we proceed to decide this appeal ex parte of the assessee after hearing the ld. DR. 4. At the outset, when we have gone through the order of the CIT(A), we find that the order contains only title and seal of the CIT(A) at the end. It is pertinent to mention here that there are only pages of order. Page 1 of 2 of the order of the CIT(A) contains title of the case, whereas, at page 2 of 2 of the order, there is no discussion except the seal of the ld. CIT(A) and below that it is mentioned that copy to PCIT, Durgapur. Since, there is no discussion or finding given in the order of the CIT(A), therefore, the impugned order of the CIT(A) is set aside and the matter is restored to the file of the CIT(A) to give a reasoned finding on the appeal of the assessee by way of a speaking order. 5. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 31 st January, 2024. Sd/- Sd/- [ͬगरȣश अĒवाल /Girish Agrawal] [संजय गग[ /Sanjay Garg] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 31.01.2024. RS Copy of the order forwarded to: 1. Mani Munjal 2. ITO, Ward-1(2), Durgapur 3.CIT (A)- 4. CIT- , 5. CIT(DR), I.T.A. No.606/Kol/2023 Assessment Year: 2012-13 Mani Munjal 3 //True copy// By order Assistant Registrar, Kolkata Benches