Mr. Nirmallya Das , Kolkata V. ITO, Ward - 49(3), Kolkata , Kolkata

ITA 961/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6706 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 10-05-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARY
• Assessee Lawyers: ANKIT JALAN
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.961/KOL/2018 ASSESSMENT YEAR:2010-11 MR. NIRMALLYA DAS 63A, RABINDRANATH TAGORE ROAD, KOLKATA-76 [ PAN NO.ADEPD 1466 G ] / V/S . INCOME TAX OFFICER, WARD-49(3), UTTARAPAN COMPLEX, DS-2, MANICKTALA CIVIC CENTRE, KOLKATA-700072 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI ANKIT JALAN, AR /BY RESPONDENT SHRI ARINDAM BHATTACHARY, ADDL. CIT-DR /DATE OF HEARING 03-01-2019 /DATE OF PRONOUNCEMENT 23-01-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2010-11 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-15, KOLKATAS ORDER DATED 09.01.2018 PASSED IN CASE NO.248/CIT(A)-15/14-15/WD-49(3)/KOL INVOLV ING PROCEEDINGS U/S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT T HE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES INSTANT APPEAL SUFFERS FROM 25 DA YS DELAY IN FILING. HE HAS FILED HIS CONDONATION PETITION STATING REASONS THEREOF AS HIS ILLNESS. LEARNED DEPARTMENTAL REPRESENTATIVE IS VERY FAIR IN NOT DISPUTING CORREC TNESS THEREOF. I CONDONE THE IMPUGNED DELAY IN 25 DAYS KEEPING IN MIND THE ABOVE SOLEMN AVERMENTS. 3. I FIND AT THE OUTSET THAT ASSESSEES PLEADINGS C HALLENGE CORRECTNESS OF THE CIT(A)S ORDER INTER ALIA RESTRICTING UNEXPLAINED MONEY ADDITION U/S 69A OF 7,90,874/- MADE IN THE COURSE OF ASSESSMENT TO 2,36,000/- AS INCREASED BY 1 LAC ITA NO. 961/KOL/2018 A.Y. 2010-11 MR. NIRMALLYA DAS VS. ITO WD-49(3) KOL. PAGE 2 EACH UNDER TWO HEADS OF UNSORTED AMOUNT OF UNSECURE D LOAN; RESPECTIVELY. IT TRANSPIRES DURING THE COURSE OF HEARING AS PER BOTH THE REPRES ENTATIVES ASSISTANCE THAT THE ASSESSEE HAD WITHDRAWN CASH AMOUNT(S) OF MORE THAN 11 LAC. THE FACT ALSO REMAINS THAT HE IS NOT ABLE TO LINK THE IMPUGNED DEPOSITS / WITHDRAWAL S WITH THE HELP OF CASH BOOK IN A PHASED MANNER. I TAKE INTO ACCOUNT ALL THESE PECULI AR FACTS AND CIRCUMSTANCES TO RESTRICT THE IMPUGNED ADDITION OF 2,36,500/- TO 1 LAC ONLY WITH A RIDER THAT SAME SHALL NOT BE TREATED AS A PRECEDENT. REMAINING TWO ADDITION(S) OF 1 LAC EACH (SUPRA) STAND CONFIRMED SINCE THE TAXPAYER HAS FAILED TO PR OVE THE SAME BY WAY OF COGENT SUPPORTIVE EVIDENCE. 4. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN OPEN COURT ON 23/01/2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS - 23/01/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-MR. NIRMALLYA DAS, 63A, RABINDRANATH TAG ORE RD. KOL-76 2. /RESPONDENT-ITO WRD-49(3), UTTARAPAN COMPLEX, DS-2, MANICKTALA CIVIC CENTRE,KOLKATA -72 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ',