Dr Suman Sarkar, Howrah V. I.T.O Wd - 22(1),kolkata, Kolkata

ITA 953/KOL/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3167 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 11-11-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 29-04-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI RAY
• Assessee Lawyers: R T YADAV FCAAR
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH KOLKATA [BEFORE SRI S. S. GODARA, JUDICIAL MEMBER] ./I.T.A NO.953/KOL/2019 ( [ [ / ASSESSMENT YEAR: 2008-09) DR. SUMAN SARKAR AMTA NATUN RASTA, BAGNAN MORE, HOWRAH-711401. VS. ITO, WARD-22(1), KOLKATA ./ ./PAN/GIR NO.: APSPS1122A (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI R.T. YADAV, FCA/AR RESPONDENT BY : SHRI DHRUBAJYOTI RAY, JCIT, SR. DR / DATE OF HEARING : 11/11/2019 /DATE OF PRONOUNCEMENT : 15/11/2019 / O R D E R PER SHRI S. S. GODARA: THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2008-09 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (A) - 6, KOLKATA ORDER DATED 21.02.2019 PASSED IN CASE NO.CIT(A), KOLKATA-6/10056/2017-18 INVOLVING PROCEEDINGS U/S 143(3)/254 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES GRIEVANCE SEEKS TO REVERSE THE LEARNED AUTHORITIES FINDINGS MAKING ADDITION OF UNEXPLAINED CASH CREDITS OF RS.1,60,000/-; MADE DURING THE COURSE OF ASSESSMENT AND AFFIRMED IN THE LOWER APPELLATE PROCEEDINGS. THIS APPEARS TO BE SECOND ROUND OF PROCEEDINGS FOR THE VERY ISSUE IN TRIBUNAL. THE ASSESSEES CASE RIGHT FROM THE BEGINNING IS THAT THIS AMOUNT OF RS.1,60,000/- REPRESENTED CASH WITHDRAWALS FROM HIS BANK ACCOUNT NO.3014369779 MAINTAINED IN THE STATE BANK OF INDIA, AMTA BRANCH. HE INVITED MY ATTENTION TO THE LOWER APPELLATE PROCEEDINGS INDICATING WITHDRAWAL OF RS.1,70,000/- ON 28.09.2007 FOLLOWED BY DEPOSITS OF RS.1,60,000/-. THE REVENUES CASE ON THE OTHER HAND IS THAT THE ASSESSEE COULD NOT EXPLAIN SOURCE OF THE I.T.A NO.953/KOL/2019 DR. SUMAN SARKAR PAGE | 2 IMPUGNED SUM AND THEREFORE, BOTH THE LOWER AUTHORITIES HAVE RIGHTLY ADDED THE SUM U/S 68 OF THE ACT. 3. AFTER GIVING MY THOUGHTFUL CONSIDERATION TO THE RIVAL PLEADINGS AGAINST AND IN SUPPORT OF IMPUGNED ADDITION, I FIND NO REASON TO EXPRESS MY CONCURRENCE BY EITHER PARTYS SUBMISSIONS IN ENTIRETY SINCE NEITHER THE ASSESSEE HAS PROVED ALL THE CORRESPONDING CASH WITHDRAWALS FOR DAILY NEEDS TO HAVE UTILIZED ONLY IN RE-DEPOSITS IN ISSUE AMOUNTING TO RS.1,60,000/- NOR THE REVENUE HAS OFFERED ANY JUSTIFICATION FOR DECLINING WITHDRAWAL OF RS.1,70,000/- FOLLOWED BY DEPOSITS ON THE VERY DAY OF RS.1,60,000/- FOR MAKING THE SUBJECT MATTER OF ADDITION. I THEREFORE DEEM IT APPROPRIATE IN THESE FACTUAL FACTS AND CIRCUMSTANCES THAT A LUMPSUM OF RS.50,000/- WOULD MEET THE ENDS OF JUSTICE WITH A RIDER THAT SAME SHALL NOT BE TREATED AS A PRECEDENT IN ANY OTHER CASE. THE ASSESSEE GETS RELIEF OF RS.1,10,000/-. 4. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER IS PRONOUNCED IN THE OPEN COURT ON 15.11.2019. SD/- (S. S. GODARA) JUDICIAL MEMBER /KOLKATA; / DATE: 15/11/2019 (RS, SR.PS) / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT - DR. SUMAN SARKAR 2. THE RESPONDENT- ITO, WARD-22(1), KOLKATA 3. ( ) / THE CIT(A), KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.