M/s. Trape Confectionery, Siliguri V. DCIT, Circle - 1, Siliguri, Siliguri

ITA 797/KOL/2011

• Counselvise Citation: 79723514 RSA 2011
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 24-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N DUTTA GUPTASR
• Keywords: Set aside
• Section: 69C; 133A

Judgement Text

, .. , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH SMC , KOLKATA () BEFORE . .. . . .. . , SHRI C.D.RAO, ACCOUNTANT MEMBER !' !' !' !' / ITA NO . 797/KOL/2011 #$% &'/ ASSESSMENT YEAR : 2004-05 ()* / APPELLANT ) M/S.TRAPE CONFECTIONERY, SILIGURI (PAN: AABFT 7349 A) - $ - - VERSUS - . (,-)*/ RESPONDENT ) DCIT, CIRCLE-1, SILIGURI. )* . / / FOR THE APPELLANT: NONE ,-)* . / / FOR THE RESPONDENT: SHRI N.DUTTA GUPTA,SR.DR 0 / ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER DATED 15.03.2011 OF THE CIT(A)-SILIGURI PERTAINING TO A.YR. 2004-05. 2. THE ONLY ISSUE RAISED BY THE ASSESSEE IS R ELATING TO THE CONFIRMATION OF ADDITION OF RS.1,06,961/-. 3. AT THE TIME OF HEARING BEFORE US NO ONE APP EARED ON BEHALF OF THE ASSESSEE. AFTER HEARING THE LD.DR AND ON PERUSAL OF MATERIALS AVAIL ABLE ON RECORD THE APPEAL IS DISPOSED ON MERITS. 4. THE BRIEF FACTS OF THIS ISSUE ARE THAT A SURVEY U/ S 133A OF THE ACT WAS CONDUCTED ON 23.03.2004 AT THE BUSINESS PREMISES OF THE ASSESSEE. THE SURVEY PARTY NOTICED THAT THE CASH BOOK WAS WRITTEN UPTO 14.3.20 04 SHOWING CASH BALANCE OF RS.2,10,227/- AND THEN THE SURVEY PARTY ASKED THE A SSESSEE TO DRAW THE CASH BALANCE AS ON THE DATE OF SURVEY CONSIDERING ALL OUTGOINGS AND INCOMINGS OF CASH. AFTER THAT EXERCISE, THE AVAILABLE CASH BALANCE WAS DETERMINED AT RS.1,06,961/- BUT NO CASH WAS FOUND AT THE BUSINESS PREMISES. WHEN THE ASSESSEE W AS ASKED TO EXPLAIN THE REASON, THE ASSESSEE COULD NOT OFFER ANY EXPLANATION BEFORE THE SURVEY PARTY NEITHER BEFORE THE 2 AO. THUS, IN ABSENCE OF ANY EXPLANATION, THE AO HAS TREATED THE AMOUNT AS INCOME OF THE ASSESSEE AND MADE THE ADDITION U/S 69C OF THE A CT. 4.1. ON APPEAL THE LD. CIT(A) HAS CONFIRMED THE SAME 4.2. AGGRIEVED BY THIS NOW THE ASSESSEE IS IN A PPEAL BEFORE US. 5. AT THE TIME OF HEARING NO ONE APPEARED ON BEHALF OF THE ASSESSEE. ON THE OTHER HAND, THE LD. DR APPEARING ON BEHALF OF THE REVENUE RELIED ON THE ORDERS OF THE REVENUE AUTHORITIES. 6. AFTER HEARING THE LD. DR AND ON PERUSAL OF MATERIALS AVAILABLE ON RECORD, I AM OF THE VIEW THAT IN THIS CASE THE PROVISION OF SECTION 69C OF THE ACT ARE NOT APPLICABLE. IT IS FURTHER OBSERVED THAT THE CONTENTION OF THE ASSE SSEE THAT CASH IS AVAILABLE WITH ONE OF THE PARTNERS OF THE ASSESSEE COULD NOT BE DENIED WI THOUT ANY MATERIAL CONTRARY TO THE SAME. THEREFORE, I SET ASIDE THE ORDERS OF THE REVE NUE AUTHORITIES AND ALLOW THE APPEAL OF THE ASSESSEE. 7. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 04.07.2011. SD/- . .. . . .. . , , , , , C.D.RAO, ACCOUNTANT MEMBER /DATE : 04.07.2011. R.G./PS 0 . ,##1 21&3- COPY OF THE ORDER FORWARDED TO: 1. M/S.TRAPE CONFECTIONERY, VIDYASAGAR PALLY, KHALPARA , SILIGURI. 2 THE D.C.I.T, CIRCLE-1, SILIGURI. 3. THE CIT, 4. THE CIT(A)-SILIGURI 5. DR, KOLKATA BENCHES, KOLKATA -1 ,#/ TRUE COPY, 0$8/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES 3