Gulshan Kapoor, Kolkata V. ITO, Wd.33 (1), Kolkata, Kolkata

ITA 95/KOL/2014

• Counselvise Citation: 9523514 RSA 2014
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 16-01-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: ANIL KOCHAR

Judgement Text

I.T.A. NO . 9 5 / KOL ./201 4 ASSESSMENT YEAR: 200 7 - 20 0 8 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER I.T.A. NO. 9 5 / KOL / 20 1 4 ASSESSMENT YEAR : 200 7 - 20 0 8 GULSHAN KAPOOR,..................... ....... ........... . ............. .. .APP ELL ANT C/O. S. L. KOCHAR, ADVOCATE, 86, CANNING STREET, KOLKATA - 700 001 [PAN : A FUPK 1405 J ] - VS. - INCOME TAX OFFICER, .. ............................................ . RESPONDENT WARD - 33 ( 1 ), KOLKATA MIDDLETON ROW, KOLKATA - 700 071 APPEARANCES BY: SHRI ANIL KOCHA R, A DVOCATE . , FOR THE ASSESSEE S MT. RANU BISWAS , J CIT, SR. D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : NOVEMBER 2 7 , 2 01 4 DATE OF PRONOUNCING THE ORDER : NOVEMBER 2 7 , 201 4 O R D E R PER GEORGE MATHAN : THIS IS AN APPEAL FILED BY THE ASSESSE E AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) - X I X , KOLKATA IN APPEAL NO. 308 / CIT(A) - XI X /W ARD - 33(1)/KOL/12 - 13 DATED 0 6 . 11 .20 1 3 FOR THE ASSESSMENT YEAR 200 7 - 0 8 . 2. SHRI ANIL KOCHAR , AD VOCATE , REPRESENTED ON BEHALF OF THE ASSESSEE AN D SMT. RANU BISWAS, JCIT, SR. D.R. REPRESENTED ON BEHALF OF THE REVENUE. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. A.R. THAT THE ISSUE IN TH IS APPEAL WAS AGAINST THE ACTION OF THE LD. CIT(APPEALS) IN CONFIRMING THE ADDITION S MADE BY THE ASSE SSING OFFICER BY INVOKING THE PROVISIONS OF SECTION 69A OF THE ACT. IT WAS THE SUBMISSION THAT THE ASSESSEE MAY BE GRANTED ANOTHER OPPORTUNITY TO PRODUCE EVIDENCES I.T.A. NO . 9 5 / KOL ./201 4 ASSESSMENT YEAR: 200 7 - 20 0 8 PAGE 2 OF 2 BEFORE THE ASSESSING OFFICER AS IT WAS THE SUBMISSION THAT THE ASSESESE WOULD BE ABLE TO PRO VE THE SOURCES OF THE FUNDS IN THE BANK ACCOUNTS FOR THE AMOUNTS RECEIVED BY THE ASSESSEE FROM INVESTMENTS. IT WAS THE SUBMISSION THAT THE ASSESSEE MAY BE GRANTED ONE MORE OPPORTUNITY TO PRODUCE EVIDENCES BEFORE THE ASSESSING OFFICER. 4. TO THIS SUBMISSI ON, LD. SR. D.R. DID NOT RAISE SERIOUS OBJECTION. 5. I HAVE CONSIDERED THE SUBMISSIONS. IN VIEW OF THE SUBMISSIONS OF THE LD. A.R. THAT THE ASSESSEE WAS NOT IN A POSITION TO SUBSTANTIATE HIS CLAIM BEFORE THE ASSESSING O FFICER BY PRODUCING FURTHER EVIDENCE S, THE ISSUES IN THIS APPEAL ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - ADJUDICATION AFTER GRANTING THE ASSESSEE ADEQUATE OPPORTUNITY TO SUBSTANTIATE HIS CASE. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESESE IS PARTLY ALLOWED FOR STATISTI CAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 2 7 TH NOV EMBER , 2014. SD/ - GEORGE MATHAN ( JUDICIAL MEMBER) KOLKATA, THE 2 7 TH D AY OF NOVE MBER , 201 4 COPIES TO : (1) GULSHAN KAPOOR, C/O. S.L. KOCHAR, ADVOCATE, 86, CANNING STREET, KOLKATA - 700 001 (2) INCOME TAX OFFICER, WARD - 33(1), KOLKATA MIDDLETON ROW, KOLKATA - 700 071 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S .