Jyoti Ranjan Roy, Kolkata V. ACIT, CIR-50, KOLKATA, Kolkata

ITA 948/KOL/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1516 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 25-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T K CHAKRABORTY
• Keywords: Unexplained investment; Opportunity of being heard
• Section: 263; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI P.M. JAGTAP, AM AND SHRI S.S. VISWANETHRA RAVI, JM] I.T.A. NO. 948/KOL/2015 ASSESSMENT YEAR: 2008 -09 JYOTI RANJAN ROY..............................APPELLANT BD-2, SECTOR I, SALT LAKE CITY, KOLKATA - 700064 [PAN : ADLPR2179P] A.C.I.T., CIR -50................................................RESPONDENT KOLKATA APPEARANCES BY: SHRI T.K. CHAKRABORTY, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI SALLONG YADEN, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 27, 2017 DATE OF PRONOUNCING THE ORDER : JULY 27, 2017 ORDER PER P.M. JAGTAP, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT (APPEALS) 15, KOLKATA DATED 16.03.2015 WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE FILED AGAINST THE ORDER OF AO PASSED UNDER SECTION 144 BY TREATING THE SAME AS INFRUCTUOUS. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INDIVIDUAL WHO IS RUNNING ENGINEERING CONSULTANCY FIRM STYLED AS M/S. JYOTI ROY & ASSOCIATES. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY HIM ON 06.02.2009 DECLARING A TOTAL INCOME OF RS. 20,04,169/-. THE SAID RETURN WAS SELECTED BY THE AO FOR SCRUTINY AND THE ASSESSEE WAS CALLED UPON BY HIM TO EXPLAIN THE SOURCE OF INVESTMENT OF RS. 7,38,548/- MADE IN UTI MUTUAL FUND. THE ASSESSEE HOWEVER DID NOT OFFER ANY EXPLANATION AS SOUGHT BY THE ASSESSEE NOR EVEN APPEARED 2 I.T.A. NO. 948/KOL/2015 ASSESSMENT YEAR: 2008 -09 JYOTI RANJAN ROY BEFORE THE AO IN SPITE OF SUFFICIENT OPPORTUNITY GIVEN TO HIM. THE AO THEREFORE, WAS LEFT WITH NO OPTION BUT TO COMPLETE THE ASSESSMENT EX- PARTE UNDER SECTION 144 TO THE BEST OF HIS JUDGMENT. IN THE ASSESSMENT SO MADE VIDE AN ORDER DATED 31.10.2010, THE TOTAL INCOME AND THE ASSESSEE WAS DETERMINED BY IT OF RS. 27,42,717/- AFTER MAKING THE ADDITION OF RS. 7,38,548/- ON ACCOUNT OF UNEXPLAINED INVESTMENT MADE IN UTI MUTUAL FUND. 3. AGAINST THE ORDER PASSED BY THE AO UNDER SECTION 144, AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(A) CHALLENGING THE ADDITION OF RS. 7,38,548/- MADE BY THE AO ON ACCOUNT OF UNEXPLAINED INVESTMENT MADE IN UTI MUTUAL FUND. MEANWHILE, THE ORDER PASSED BY THE AO UNDER SECTION 144 DATED 31.12.2010 CAME TO BE SET ASIDE BY THE JURISDICTIONAL CIT, KOLKATA VIDE AN ORDER DATED 08.03.2013 PASSED UNDER SECTION 263 AND KEEPING IN VIEW THE SAME, THE LD. CIT(A) HELD THAT THE ORDER OF THE AO PASSED UNDER SECTION 144 HAVING BEEN SET ASIDE, THE APPEAL FILED BY THE ASSESSEE AGAINST THE SAID ORDER HAS BECOME INFRUCTUOUS. HE ACCORDINGLY DISMISSED THE APPEAL FILED BY THE ASSESSEE BEFORE HIM AGAINST THE ORDER OF THE AO DATED 31.12.2010 PASSED UNDER SECTION 144. AGGRIEVED BY THE ORDER OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE, AN APPEAL WAS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT DATED 08.03.2013 PASSED UNDER SECTION 263 BEFORE THE TRIBUNAL AND VIDE ITS ORDER DATED 3 I.T.A. NO. 948/KOL/2015 ASSESSMENT YEAR: 2008 -09 JYOTI RANJAN ROY 01.07.2016 PASSED IN ITA NO. 1251/K/2013, THE TRIBUNAL HAS ALREADY QUASHED IT. AS A RESULT THE SAID ORDER OF THE TRIBUNAL SETTING ASIDE THE ORDER OF THE LD. CIT UNDER SECTION 263, ORDER OF THE AO PASSED UNDER SECTION 144 GETS RESTORED AND THE APPEAL OF THE ASSESSEE FILED AGAINST THE SAID ORDER BEFORE THE LD. CIT(A) GETS REVIVED AS AGREED EVEN BY THE LEARNED DR. WE ACCORDINGLY SET ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER GIVING THE ASSESSEE PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JULY, 2017. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 27/07/2017 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. JYOTI RANJAN ROY, BD-2, SECTOR I, SALT LAKE CITY, KOLKATA 700064. 2. ACIT, CIR-50, KOLKATA 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA