Sri Manish Agarwal, Kolkata V. ITO, Ward-11(1), Kolkata, Kolkata

ITA 908/KOL/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9876 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 25-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANNA
• Assessee Lawyers: S M SURANA
• Keywords: Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER) I.T.A. NO. 908/KOL/2019 ASSESSMENT YEAR: 2014-15 SRI MANISH AGARWAL.......................................................................................................................... APPELLANT [PAN : AIDPA 4908 N] VS. ITO, WARD- 11(1), KOLKATA.......................................................................................RESPONDENT APPEARANCES BY: SH. S.M. SURANA, ADV., APPEARED ON BEHALF OF THE ASSESSEE. SH. JAYANTA KHANNA, JCIT, SR. DR, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 25 TH , 2019 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 27 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATA (CIT(A) FOR SHORT) DATED 26.03.2019 PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT). 2. THE LD. CIT(A) PASSED AN EX-PARTE ORDER. HE HAS NOT DISPOSED OFF THE CASE ON MERITS. 3. THE ASSESSEE IS A DEALER OF MOBILES, RE-CHARGE VOUCHER ETC. AND HAD RECEIVED COMMISSION OF RS. 17,30,917/- ON THE SALES OF THE SAME. THE COMMISSION WAS RECEIVED FROM IDEA CELLULAR AND DISH TV INDIA LTD. ON ENQUIRY, BOTH THESE PRINCIPALS HAVE STATED THAT THE ASSESSEE IS A DEALER AND HAS APPOINTED RETAILERS FOR THE SALE. 4. THE PRINCIPAL HAS INITIALLY CREDITED THE ENTIRE COMMISSION PAYABLE TO THE DEALER AND THEREAFTER, THE RETAILERS, IN ACCOUNT OF THE DEALER AND THEREAFTER THE COMMISSION PAYABLE TO THE RETAILERS ARE REIMBURSED BY DEBITING THE ACCOUNT OF THE DEALER AND CORRESPONDINGLY CREDITING THE ACCOUNT OF THE PRINCIPAL. IN OUR VIEW, THERE HAS BEEN CONFUSION IN THE UNDERSTANDING OF THE ACCOUNTING ENTRIES AND CONSEQUENTLY THE 2 I.T.A. NO. 908/KOL/2019 ASSESSMENT YEAR: 2014-15 SRI MANISH AGARWAL RECONCILIATION OF THESE AMOUNTS. UNDER THESE CIRCUMSTANCES I SET ASIDE THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 27 TH SEPTEMBER, 2019. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 27.09.2019 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. SRI MANISH AGARWAL, 156B/4B, MRIGNAHAHANI APARTMENT, B.T. ROAD, DUNLOP, KOLKATA- 700 069. 2. ITO, WARD- 11(1), KOLKATA. 3. CIT(A)-4, KOLKATA. (SENT THROUGH MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES