PKG Construction Pvt. Ltd., Kolkata V. I.T.O.Ward-12(2), Kolkata

ITA 922/KOL/2019

AI Insights

PKG Construction Pvt. Ltd. appealed against the order of the Learned Commissioner of Income Tax (Appeals) - 4, Kolkata, concerning the Assessment Year 2013-14. The primary contention was the discrepancies between the gross receipts reported in the profit and loss account and those shown in Form 26AS. The assessee argued that the business activities had ceased and the records were being consolidated for a comprehensive review. The Departmental Representative supported the lower authorities' decisions but did not oppose the remand for a fresh assessment. The tribunal decided to remand the case to the Assessing Officer for a detailed re-examination of the issues.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 132539 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 24-07-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 25-04-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PRIYANJALI GUHA
• Keywords: FORM 26AS
• Section: 250

Judgement Text

| आयकर अपीलीय अिधकरण Ɋायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 922/Kol/2019 Assessment Year: 2013-14 PKG Construction Pvt. Ltd. C/o Prabir Guha 208/1B Rashbehari Avenue Kolkata - 700020 [PAN: AABCP9256D] Vs Income Tax Officer, Ward-12(2), Kolkata अपीलाथŎ/ (Appellant) Ů̝ यथŎ/ (Respondent) Assessee by : Shri Priyanjali Guha, A/R Revenue by : Shri Kapil Mondal, Addl. CIT D/R सुनवाई की तारीख/Date of Hearing : 25/07/2023 घोषणा की तारीख /Date of Pronouncement: 06/09/2023 आदेश/O R D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal has been preferred by the assessee against the order of Learned Commissioner of Income Tax (Appeals) - 4, Kolkata, (hereinafter referred to as “the ld. CIT(A)”), passed u/s 250 of the Income Tax Act, 1961 (hereinafter ‘the Act’) dated 28/02/2019, for Assessment Year 2013-14. 2. At the outset, the ld. Counsel for the assessee submitted that presently, no activities are carried out in the company and the business which was carried out in the past has been shifted to other companies which are in control of some other group. It was also submitted that all the impugned additions have mostly arisen on the ground that complete details were not filed before the lower authorities. Further it was submitted that most of the additions were I.T.A. No. 922/Kol/2019 Assessment Year: 2013-14 PKG Construction Pvt. Ltd. 2 on account of information provided in Form 26AS but due to lack of providing the details and also because there is mis-match in the gross receipt and the receipt appearing in Form 26AS, because income is accounted for in the subsequent year when the income is received and the parties/customers have shown iN some other years. Therefore, complete re-conciliation of these transactions is must and for doing the same it was requested that all the issues raised on merits be restored to the file of the Assessing Officer for fresh adjudication. 3. The ld. D/R on the other hand, vehemently argued supporting the orders of the lower authorities. 4. We have heard rival contentions and perused the material available on record. We on perusal of the assessment order as well as the impugned order notice that major additions are on account of the difference in the gross receipts appearing in the profit and loss account as against gross receipts shown in Form 26AS. We also notice that the assessee could not avail the opportunity properly provided by the lower authorities. Before us, the family members of the Director of the assessee have appeared stating that currently no business is carried out in this company and efforts are being made to collect the books of accounts and documents for the year under appeal so as to plead on merits of the case. 4.1. The ld. D/R was also fair enough in no opposing this request of the assessee that the issue may be remanded to the Assessing Officer for fresh adjudication considering the reply of the assessee and various documents to be relied upon. I.T.A. No. 922/Kol/2019 Assessment Year: 2013-14 PKG Construction Pvt. Ltd. 3 5. In view of the above discussion and in the interest of justice and in order to compute the correct income of the assessee, we deem it fit to restore all the issues raised in the instant appeal on merits to the file of the ld. Assessing Officer for de-novo adjudication in accordance with law after providing proper opportunity of being heard and after considering all necessary documents and submissions to be filed by the assessee. 6. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the Court on 6 th September, 2023 at Kolkata. Sd/- Sd/- (SANJAY GARG) (DR. MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated 06/09/2023 *SC SrPs आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent 3. संबंिधत आयकर आयुƅ / Concerned Pr. CIT 4. आयकर आयुƅ)अपील (/ The CIT(A)- 5. िवभागीय Ůितिनिध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाडŊ फाई/ Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Kolkata