Shri Ajay Kejriwal, Kolkata V. ACIT, Central Circle - XX, Kolkata, Kolkata

ITA 934/KOL/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54531 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 24-06-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S K ROY
• Keywords: Opportunity of being heard
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA () BEFORE . . , !' # # # # /AND $# , !' ) [BEFORE HONBLE SHRI S. V. MEHROTRA, AM & HONBLE S RI MAHAVIR SINGH, JM] #% #% #% #% / I.T.A NO. 934/KOL/2011 $&' () $&' () $&' () $&' ()/ // / ASSESSMENT YEAR: 2003-04 SRI AJAY KEJRIWAL VS. ASSISTANT COMMISSIONER O F INCOME-TAX, (PAN AMRPK 9717 F) CENTRAL CIRCLE-XX, KOLKATA. (+, /APPELLANT ) (-.+,/ RESPONDENT ) FOR THE APPELLANT: SHRI SUNIL SURANA FOR THE RESPONDENT: SHRI S. K. ROY !/ / ORDER PER MAHAVIR SINGH, JM ( $# $# $# $#, , , , !' !' !' !' ) THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A), CENTRAL-III, KOLKATA IN APPEAL NO.249/CC-XX/CIT(A)C-III/05-06 VIDE DATED 18.05.201 1. ASSESSMENT WAS FRAMED BY ACIT, CC-XX, KOLKATA U/S. 143(3) OF THE INCOME TAX ACT, 1 961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2003-04 VIDE HIS ORDER DATED 31 .01.2006. 2. THE FIRST ISSUE IN THIS APPEAL OF ASSESSEE IS AG AINST THE ORDER OF CIT(A) CONFIRMING THE ADDITION MADE BY ASSESSING OFFICER ON ACCOUNT OF UN EXPLAINED CASH CREDITS OF RS.1,00,000/- EACH OF SMT. MEENA KAJARIA AND SHRI HARISH KAJARIA AND INTEREST THEREON. FOR THIS, ASSESSEE HAS RAISED THE FOLLOWING GROUND NO.2: 2) FOR THAT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION MADE BY THE A.O. OF RS.1,00,000/- EACH BEING LOAN TAKEN FROM SMT. MEENA KAJARIA AND SHRI HARISH KAJARIA AND INTEREST THEREON WHEN THE IDENTITY AND CREDITWO RTHINESS OF THE PARTIES ALONG WITH SOURCE WERE PROVED AND THE GENUINENESS OF THE TRANS ACTION WAS ESTABLISHED. 3. WE HAVE HEARD RIVAL CONTENTIONS AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. WE FIND THAT THE ASSESSEE BEFORE ASSESSING OFFICER HAS PRODUCED THE DETAILS IN RESPECT OF THESE TWO CASH CREDITS I.E. THE AMOUNT IS PAID BY ACCOUNT PAYEE CHEQUES, BANK ACCOUNTS AND ALSO CASH FLOW STATEMENTS. BUT THE CASH FLOW STATEMENTS IN RESPECT OF SALE OF SHARES ARE NOT SUPPORTED BY EVIDENCE. IN ABSENCE OF THE SAME, THE ASSESSING OFFICER TREATED THESE TWO CASH CREDITS AS UNEXPLAINED. BEFORE CIT(A) ALSO THE ASS ESSEE COULD NOT PRODUCE THE EVIDENCE OF SALE OF SHARES. HENCE, HE CONFIRMED THE ADDITION. BEFOR E US, FOR THE FIRST TIME, THE ASSESSEE 2 ITA 934/K/2011 SRI AJAY KEJRIWAL A.Y.03-04 PRODUCED THE DETAILS IN ITS PAPER BOOK AND STATED T HAT THESE HAVE NOT BEEN EXAMINED BY ASSESSING OFFICER. EVEN THE CASH FLOW STATEMENT IS NOT PROPERLY EXAMINED BY ASSESSING OFFICER OR BY CIT(A). IN THE ABSENCE OF ANY FINDIN G IN RESPECT TO EXAMINATION OF THESE DOCUMENTS, WE SET ASIDE THIS ISSUE TO THE FILE OF A SSESSING OFFICER AND DIRECT HIM TO DECIDE THE ISSUE OF THESE TWO CASH CREDITS AFRESH AS PER LAW A FTER PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. ACCORDINGLY, THIS ISS UE OF ASSESSEES APPEAL IS SET ASIDE TO THE FILE OF ASSESSING OFFICER AND ALLOWED FOR STATISTICAL PU RPOSES. 4. THE NEXT ISSUE IN THIS APPEAL OF ASSESSEE IS AGA INST THE ORDER OF CIT(A) CONFIRMING THE ADDITION OF SOFTWARE MAINTENANCE EXPENSES. FOR THI S, ASSESSEE HAS RAISED FOLLOWING GROUND NO.3: 3. FOR THAT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.19,000/- ON ACCOUNT OF SOFTWARE MAINTENANCE EXPENSES. 5. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE HAS NOT PRESSED THIS ISSUE. HENCE, THE SAME IS DISMISSED AS NOT PRESSED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PAR TLY ALLOWED FOR STATISTICAL PURPOSES. 7. ORDER PRONOUNCED IN OPEN COURT. SD/- SD/- . . , !' $# $# $# $# , !' (S. V. MEHROTRA) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ( 0 0 0 0 ) )) ) DATED : 12 TH SEPTEMBER, 2011 12 $&34 $5 JD.(SR.P.S.) !/ 6 -$$ 7(8- COPY OF THE ORDER FORWARDED TO: 1 . +, / APPELLANT SHRI AJAY KEJRIWAL, SPACE TOWN, BLOCK-9 , FLAT NO.54, VIP ROAD, NEAR HALDIRAM BHUJIWALA, KOLKATA-= 700 052. 2 -.+, / RESPONDENT, ACIT, CENTRAL CIRCLE-XX, KOLKATA. 3 . $/& ( )/ THE CIT(A), KOLKATA 4. $/& / CIT, KOLKATA 5 . $> -$& / DR, KOLKATA BENCHES, KOLKATA . -$/ TRUE COPY, !/&?/ BY ORDER, #4 /ASSTT. REGISTRAR .