Alok Kundu, Howrah V. I.T.O Wd - 47(3),kolkata, Kolkata

ITA 646/KOL/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3248 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 25-03-2013
• Court: TRIBUNAL
• Department Lawyers: R P NAG
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Unexplained investment
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI MAHAVIR SINGH, JM & SHRI WASEEM AHMED , AM] I.T.A NO.646/KOL/2013 ASSESSMENT YEAR: 2008-09 ALOK KUNDU VS. INCOME-TAX OFFICER, WD-47(3), KOLKATA (PAN: AGDPK1716G) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 29.01.2016 DATE OF PRONOUNCEMENT: 29.01.2016 FOR THE APPELLANT: SHRI MIRAJ D. SHAH, FCA FOR THE RESPONDENT: SHRI R. P. NAG, JCIT, SR. DR ORDER PER SHRI MAHAVIR SINGH, JM: THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-XXX, KOLKATA VIDE APPEAL NO. 262/CIT(A)-XXX/WD-47(3)/2010-11 DATED 20.11.2012. A SSESSMENT WAS FRAMED BY ITO, WD- 47(3), KOLKATA U/S. 143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2008-09 VIDE HIS ORDER DATED 29.12. 2010. 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AG AINST THE ORDER OF CIT(A) CONFIRMING THE ACTION OF AO IN MAKING ADDITION OF PURCHASE OF LAND AMOUNTING TO RS.2,69,535/-. 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE STAT ED THAT THIS ISSUE OF UNEXPLAINED INVESTMENT IS ARISING FROM AYS 2006-07, 2007-08 AND THE YEAR UNDER CONSIDERATION 2008-09 ALSO. HE REFERRED TO TRIBUNALS DECISION FOR AYS 2 006-07 AND 2007-08 IN ITA NOS. 597 AND 598/KOL/2013 WHEREIN THE TRIBUNAL HAS SET ASIDE THE ISSUE TO THE FILE OF THE ACT VIDE ORDER DATED 27.11.2015. LD. COUNSEL FOR THE ASSESSEE AS WELL A S THE LD. DR FAIRLY AGREED THAT THE TRIBUNAL EXACTLY ON SIMILAR FACTS IS SET ASIDE THE ISSUE TO THE FILE OF AO IN ITA NOS. 597 & 598/KOL/2013 IN ASSESSEES OWN CASE FOR AY 2006-07 AND 2007-08. HENCE, TAKING A CONSISTENT VIEW, WE ALSO SET ASIDE THIS ISSUE TO THE FILE OF AO FOR FRESH AD JUDICATION. APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (WASEEM AHMED) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 29 TH JANUARY, 2016 JD. SR. P.S 2 ITA NO.646/KOL/2013 ALOK KUNDU, AY 2008-09 2 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT SHRI ALOK KUNDU, 21, KALI PRASAD BANERJ EE LANE, HOWRAH-711101 2. RESPONDENT ITO, WARD-47(3), KOLKATA. 3. CIT(A) , KOLKATA 4. CIT , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .