ITO, Ward - 35(4), Kolkata, Kolkata V. Manish Kumar Agarwal, Kolkata

ITA 86/KOL/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48027 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 12-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K AGARWAL LD
• Assessee Lawyers: ANIL GUPTA LD ARADJ REJECTED
• Keywords: Gift; Tax effect
• Section: 2

Judgement Text

I.T.A NO. 86/KOL/2011-BKH 1 , C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA BEFORE HON. SRI MAHAVIR SI NGH, JM & HON. SRI B.K.HALDAR, AM () , , . !. !' # / I.T.A NO. 86/KOL/2011 $% &' / ASSESSMENT YEAR : 2005-06 INCOME-TAX OFFICER, VS. MANISH KR. AGARWAL WARD 35(4), KOLKATA PAN: ACKPA 0033B ()* /APPELLANT ) (+,)*/ RESPONDENT ) )* / FOR THE APPELLANT : - / SHRI P.K. AGARWAL, LD.DR +,)* / FOR THE RESPONDENT : - / SHRI ANIL GUPTA, LD.AR/ADJ. REJECTED !. / ORDER .!., , , , !' , ,, , SHRI B.K.HALDAR, ACCOUNTANT MEMBER . : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), XX, KOLKATA DATED 27 TH OCTOBER 2010 FOR THE ASSESSMENT YEAR 2005-06. 2. THE REVENUE HAS TAKEN FOLLOWING GROUNDS OF APPEA L:- 1. THE HONBLE CIT (A) HAS ERRED IN DELETING THE AD DITION MADE ON GIFT OF RS. 6, 50,913/- IGNORING THE FACT THAT THE GENUINENESS OF GIFT TRANSACTION AND CREDITWORTHINESS OF THE GIFT DONORS WAS NOT ESTABLISHED. 2. THE DEPARTMENT CRAVES LEAVE TO FILE ADDITIONAL G ROUND/GROUNDS AND/OR TO ALTER/AMEND/MODIFY THE GROUNDS OF APPEAL FILED. 3. AT THE TIME OF HEARING AN ADJOURNMENT WAS SOUGHT ON BEHALF OF THE ASSESSEE VIDE LETTER DATED 30 TH MARCH 2011 BY SHRI M.C NAHATA, ASSISTANT TO SHRI P .C AGARWAL, FCA. THE SAME WAS REFUSED BY THE BENCH AND THE CASE WAS HEARD EX-PARTE QUO THE RESPONDENT. 4. THE APPEAL FILED BY THE REVENUE IS LATE BY 2 DAY S. CONDONATION PETITION IS ON RECORD AND THE DELAY IS CONDONED. 5. IT IS NOTICED THAT THE ADDITION DISPUTED BY THE REVENUE AMOUNTS TO RS. 6, 50,913/- . ADMITTEDLY THE TAX EFFECT IS BELOW RS.2 LAKHS. THE LD.DR HAS NOT DISPUTED THE ABOVE. KEEPING IN VIEW THE RELEVANT BOARDS CIRCULAR WE HO LD THAT THE REVENUE COULD NOT HAVE I.T.A NO. 86/KOL/2011-BKH 2 FILED THE IMPUGNED APPEAL BEFORE THE TRIBUNAL. IN V IEW OF THE ABOVE THE APPEAL FILED BY THE REVENUE IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. !. '/! 0 /$ 1 2 3' 06-04-2011 ORDER PRONOUNCED IN THE OPEN COURT ON 06-04-2011 SD/- SD/- [ ] [ . ! . , !' ] ( MAHAVIR SINGH ) (B. K. HALDAR) JUDICIAL MEMBER ACCOUNTANT MEMBER (3') DATED :06-04-2011 *PP 45 $67 8 /SR.P.S. !. 9 +: ;!:&<- COPY OF THE ORDER FORWARDED TO: 1. )* /APPELLANT- I.T.O WARD 35(4) 18 RABINDRA SARANI, PODDAR COURT, 3 RD FL., KOL-1 2 +,)* / RESPONDENT : SHRI MANISH KR. AGARWAL 26/1 ARMEN IAN ST., KOL-1 3. .$/ THE CIT, 4. .$ ()/ THE CIT(A), KOLKATA. 5. C1 +$/ DR, KOLKATA BENCHES, KOLKATA ,: +/ TRUE COPY , !.$// BY ORDER , 7 /ASSTT. REGISTRAR I.T.A NO. 86/KOL/2011-BKH 3