Mangi Lal Sethia, Uttar Dinajpur V. ITO, Ward - 1, Raiganj, Uttar Dinajpur

ITA 958/KOL/2011

• Counselvise Citation: 95823514 RSA 2011
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2011
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 30-06-2011
• Court: TRIBUNAL
• Department Lawyers: S K ROY
• Assessee Lawyers: S M SURANA
• Keywords: Unexplained investment; Document seized; Opportunity of being heard; Documents seized

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH A, KOLKATA [ () , ,, , , . .. .'# '#'# '#. .. . , , , , $% ] ]] ] [BEFORE SRI N.VIJAYAKUMARAN, JM & SRI C. D. RA O, AM] ' / I.T.A NO. 958/(KOL) OF 2011 () *+/ ASSESSMENT YEAR : 2007-08 MANGI LAL SETHIA - - I.T.O.,WARD-1,RAIGANJ RAIGANJ -VERSUS- (PAN:ACPPJ 8966 R) (-. / APPELLANT ) ( /0-. /RESPONDENT) -. 1 2 $/ FOR THE APPELLANT: SHRI S.M.SURANA /0-. 1 2 $/ FOR THE RESPONDENT: SHRI S.K.ROY 3 1 #% /DATE OF HEARING : 09.11.2011. 4* 1 #% /DATE OF PRONOUNCEMENT : 18.11.2011. $5 / ORDER ( (( ( . .. .'# '#'# '#. .. . ) )) ), , , , $% PER SHRI C.D.RAO, AM THE ABOVE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. C.I.T.(A)-JALPAIGURI DATED 21.03.2011 PERTAINING TO ASSESSMENT YEAR 2007-08. 2. THE BRIEF FACTS OF THE CASE ARE THAT WHILE DOIN G THE SCRUTINY ASSESSMENT ASSESSING OFFICER MADE THE FOLLOWING ADDITIONS : I) ADDITION ON ACCOUNT OF DIFFERENCE IN VALUE OF CL OSING STOCK AMOUNTING TO RS.24,427/- II) ADDITION OF CASH DISCOUNT AMOUNTING TO RS.9,865 /- III)ADDITION OF RS.2,39,019/- AS UNDISCLOSED INVEST MENT U/S 69B OF THE IT ACT AND CONCEALED PROFIT AMOUNTING TO RS.41,647/- IV)ADDITION ON ACCOUNT OF UNDISCLOSED PURCHASES AMO UNTING TO RS.40,30,671/- AS UNACCOUNTED INVESTMENT U/S 69B OF THE IT ACT AND GP ADDITION RS.2,76.982/- TO THE TOTAL INCOME AS UNDISCLOSED PROFIT. 2 2 V) ADDITION OF TRAVELING EXPENSES AMOUNTING TO RS.2 ,661/- 2.1. ON APPEAL THE LD. CIT(A) HAS CONFIRMED THE SA ME. 2.2. AGGRIEVED BY THIS ASSESSEE IS IN APPEAL BEFOR E US. 3. AT THE TIME OF HEARING THE LD. COUNSEL APPEARIN G ON BEHALF OF ASSESSEE SUBMITTED THAT THE ACTION OF AO AS WELL AS THE LD. CIT(A) IS NOT IN ACCORDANCE WITH LAW. THEY HAVE NOT BROUGHT ANY MATERIAL ON RECORD F OR THE ADDITIONS MADE AND ALL THE ADDITIONS ARE MADE BASED ON PRESUMPTIONS AND CONJEC TURES. IN SUPPORT OF THIS ON REQUEST OF THE BENCH HE FILED COPIES OF THE LEDGER ON SEVERAL PURCHASES AND THE SEIZED DOCUMENTS MARKED AS MLS-113 PLACED AT PAGES 20,44 A ND 68 OF THE PAPER BOOK, MLS- 92 AT PAGES 39,48 AND 63 OF THE PAPER BOOK AND MLS- 94 AT PAGES 31,43 AND 73 OF THE PAPER BOOK . THIS ASPECT HAS NOT BEEN PROPERLY VERI FIED BY AO. THEREFORE HE REQUESTED TO SET ASIDE THE ORDERS OF THE REVENUE AUTHORITIES AND RESTORE THE MATTER TO THE FILE OF AO TO DO THE ASSESSMENT DENOVO. 3. ON THE OTHER HAND, THE LD. DR APPEARING ON BEHAL F OF THE REVENUE COULD NOT OBJECT TO THE SAID REQUEST OF THE LD. COUNSEL FOR A SSESSEE. 4. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CAREF UL PERUSAL OF MATERIALS AVAILABLE ON RECORD, KEEPING IN VIEW OF THE FACT THAT THE DOC UMENTS FILED BEFORE THIS TRIBUNAL ARE THE PRIMARY DOCUMENTS AND THIS REQUIRES FURTHER VER IFICATION. THEREFORE, IN THE INTEREST OF JUSTICE, WE RESTORE THE ENTIRE APPEAL TO THE FIL E OF AO TO RE-DECIDE THE SAME DENOVO AS PER LAW AFTER GIVING A REASONABLE OPPORTUNITY OF BEING HEARD TO ASSESSEE. 5. IN THE RESULT THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 18.11.2011. SD/- SD/- , , , , ( ( ( ( N.VIJAYAKUMARAN, JUDICIAL MEMBER . .. .'# '#'# '#. .. . , , , , $% $% $% $% , C.D.RAO, ACCOUNTANT MEMBER. ( (( (#% #% #% #%) )) ) DATE: 18.11.2011. R.G.(.P.S.) 3 3 $5 1 /(( 6$*7- COPY OF THE ORDER FORWARDED TO: 1. MANGI LAL SETHIA, C/O BASANTA STORES, MADHYA MOHANB ATI, N.S.ROAD, RAIGANJ, U.D, PIN-733134. 2 THE I.T.O., WARD-1, RAIGANJ, UTTAR DINAJPUR. 3. THE CIT, 4. THE CIT(A)-JALPAIGURI. 5. DR, KOLKATA BENCHES, KOLKATA 0 /(/ TRUE COPY, $5/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES