Mohan Kumar Agarwalla, Paschim Medinipur V. ITO, Ward - 2(1), Midnapore, Paschim Medinipur

ITA 623/KOL/2011

• Counselvise Citation: 62323514 RSA 2011
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 25-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P P SARKAR
• Assessee Lawyers: AVIJIT DE

Judgement Text

, , , , , , ,, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [ . . . . . . . . , ,, , , ,, , . . . . . .. . ! ! ! ! , ' ' ' ' ] [BEFORE HONBLE SHRI B. R. MITTAL, JM & HONBLE SHRI S.V. MEHROTRA, AM] #$ #$ #$ #$ / I.T.A NO. 623/KOL/2011 %& '() %& '() %& '() %& '()/ // / ASSESSMENT YEAR : 2005-06 MOHAN KUMAR AGARWALLA -VS.- INCOME TAX OFFICER/WARD-2(1) MIDNAPUR [PAN : ACNPA 0633 N] MIDNAPUR. [ +, +, +, +, /APPELLANT ] ]] ] [ ./+, ./+, ./+, ./+,/ // / RESPONDENT ] ]] ] +, +, +, +, / FOR THE APPELLANT : SHRI AVIJIT DE ./+, ./+, ./+, ./+, / FOR THE RESPONDENT : SHRI P. P. SARKAR 0 /ORDER . . . . . .. . ! ! ! ! , ' ' ' ' PER S. V. MEHROTRA, A. M. THE ASSESSEE HAS PREFERRED THIS APPEAL FOR ASSESSM ENT YEAR 2005-06 AGAINST THE ORDER OF THE LD. CIT(A)-XXXVI, KOLKATA DATED 11.02.2011. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE, I N THE RELEVANT ASSESSMENT YEAR, CARRIED ON THE BUSINESS OF IRON ORE AND MINERAL ITEMS. HE HAD FILE D ITS RETURN OF INCOME SHOWING TOTAL INCOME OF RS.1,49,420/-. THE ASSESSMENT WAS COMPLETED AT A TO TAL INCOME OF RS.22,54,150/- AFTER MAKING FOLLOWING ADDITIONS/DISALLOWANCES : (1) UNSECURED LOAN TREATED AS UNDISCLOSED INCOME IN RESPECT OF - (1) SUBHASH AGARWALLA RS. 4,00,000/- (2) MANJU AGARWALLA RS. 5,00,000/- (3) RAM CHANDRA AGARWALLA RS.11,00,000/- (4) TANISH ROY RS. 19,900/- (5) SHYAM SUNDAR RS. 19,000/- (6) SHANTIALAL SHOW RS. 19,900/- RS.20,58,800/- ITA NO. 623/KOL/20 11 2 THE LD. CIT(A) CONFIRMED THE ADDITION EX PARTE, INT ER ALIA, OBSERVING AS UNDER :- .IT IS THUS PRESUMED THAT THE APPELLANT HAS NO THING TO SAY IN SUPPORT OF GROUNDS OF APPEAL TAKEN BY HIM AND THE A PPELLANT IS NOT INTERESTED IN PURSUING THE APPEAL. 3. AT THE TIME OF HEARING LD. COUNSEL APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE MATTER MAY BE RESTORED BACK TO THE FILE OF LD. CIT( A) TO IMPART SUBSTANTIAL JUSTICE TO THE ASSESSEE. 4. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESEN TATIVE SUPPORTED THE ORDERS OF THE REVENUE AUTHORITIES. 5. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE P ARTIES AND HAVE PERUSED THE RECORDS OF THE APPEAL. IT IS TRUE THAT OPPORTUNITIES WERE GIVE N TO THE ASSESSEE, BUT KEEPING IN VIEW THE ADDITIONS MADE BY THE AUTHORITIES BELOW, IN ORDER T O IMPART SUBSTANTIAL JUSTICE, WE CONSIDER IT PROPER TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSES SEE. WE, ACCORDINGLY, SET ASIDE THE ORDER OF LD. CIT(A) AND RESTORE THE MATTER BACK TO HIS FILE FOR DECIDING THE APPEAL DENOVO AFTER AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO COOPERATE WITH THE DEPARTMENT IN COMPLETING ASSESSMENT PROCEEDING. 5. IN THE RESULT, THE APPEAL FLED BY THE ASSESSEE I S ALLOWED FOR STATISTICAL PURPOSES 0 0 0 0 '1 '1 '1 '1 2 1% 3 4 2 1% 3 4 2 1% 3 4 2 1% 3 4 5' 5' 5' 5' ORDER PRONOUNCED IN THE COURT ON 20. 07. 2011. [ . . . . . . . . , ,, , ] [ . . . . . .. . ! ! ! ! , ' ' ' ' ] [ B. R. MITTAL ] [ S.V. MEHROTRA ] JUDICIAL MEMBER ACCOUNTANT MEMBER ( (( (5' 5' 5' 5') )) ) DATED : 20TH JULY, 2011. ITA NO. 623/KOL/20 11 3 0 8 .9 :9(/ COPY OF THE ORDER FORWARDED TO: 1. +, /APPELLANT : MOHAN KUMAR AGARWALLA, MALANCHA ROAD, KHARAGPUR, DIST. PASCHIM MI DNAPUR. 2 ./+, / RESPONDENT : INCOME TAX OFFICER, WARD-2(1), MIDNA PUR. 3. 0% / CIT, 4. 0% ()/ CIT(A), KOLKATA. 5. '3 .%/ DR, KOLKATA BENCHES, KOLKATA [/9 ./ TRUE COPY ] 0%1/ BY ORDER , #A /ASSTT REGISTRAR [KKC 'BC %DA E' /SR.PS]