Shahjahan S. Shawkat, Kolkata V. ITO, Ward - 31(1), Kolkata, Kolkata

ITA 998/KOL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59640 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 11-07-2011
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA () BEFORE , !' !' !' !' /AND #! $'# #! $'# #! $'# #! $'# , ) [BEFORE SHRI PRAMOD KUMAR, AM & SHRI MAHAVIR SINGH, JM] '% '% '% '% / I.T.A NOS. 998 TO 1002/KOL/2011 $&' !() $&' !() $&' !() $&' !()/ // / ASSESSMENT YEARS : 2002-03 TO 2006-07 SHAHJAHAN S. SHAWKAT VS. INCOME-TAX OFFICER, WD -31(1), KOLKATA. (PAN:ALRPS1158D) (+, /APPELLANT ) (-+,/ RESPONDENT ) & FOR THE APPELLANT: SHRI MANISH TIWARY FOR THE RESPONDENT: SHRI A. K. SINGH DATE OF HEARING: 19.03.2012 DATE OF PRONOUNCEMENT: 23.03.2012 . / ORDER PER MAHAVIR SINGH, JM ( #! $'# #! $'# #! $'# #! $'#, , , , ) THESE APPEALS BY ASSESSEE ARE ARISING OUT OF SEPARA TE ORDERS OF CIT(A)-XIX AND CIT(A)-XII, KOLKATA IN APPEAL NOS.105/CIT(A)-XIX/IT O,WD.31(1)/KOL/09-10, 318/CIT(A)- XII/ITO,WD.40(2)/KOL/08-09, 99/CIT(A)-XIX/ITO,WD/31 (1)/KOL/09-10, 767/CIT(A)-XII/ITO, WD.40(4)/KOL/07-08 AND 318/(A)/CIT(A)-XII/ITO,WD/40 (2)/KOL/08-09 DATED 10.03.2011, 10.03.2011, 14.03.2011, 31.03.2011 AND 23.03.2011 R ESPECTIVELY. ASSESSMENTS FOR ASSESSMENT YEAR 2002-03 WAS FRAMED BY ITO, WARD-31(1), KOLKATA U/S. 147/143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) DATED 3 0.12.2009, FOR ASSESSMENT YEAR 2003-04 BY ITO, WD-40(2), KOLKATA U/S. 143(3)/147 OF THE ACT V IDE HIS ORDER DATED NIL, FOR ASSESSMENT YEAR 2004-05 BY ITO, WARD-31(1), KOLKATA U/S. 147/1 43(3) OF THE ACT DATED 31.12.2009, FOR ASSESSMENT YEAR 2005-06 BY ITO, WARD-40(4), KOLKATA U/S. 144 OF THE ACT DATED 31.12.2007 AND FOR ASSESSMENT YEAR 2006-07 BY ITO, WD-40(2), K OLKATA U/S. 143(3) OF THE ACT DATED 31.12.2008. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SHR I MANISH TIWARY STATED THAT IN ALL THESE FIVE APPEALS OF ASSESSEE CIT(A) SUSTAINED THE ADDIT ION MADE BY ASSESSING OFFICER WITHOUT CONSIDERING THE REVISED STATEMENT OF ACCOUNT, BALAN CE SHEET INCORPORATING ALL UNDISCLOSED BANK ACCOUNTS, WHICH WERE FILED DURING THE COURSE OF APP ELLATE PROCEEDINGS AND OFFERED ADDITIONAL 2 ITA 998 TO 1002/K/2011 SHAHJAHAN S. SHAWKAT A.Y. 02-03 TO 06-07 INCOME. LD. COUNSEL, FOR EXAMPLE, TOOK ASSESSMENT YEAR 2002-03, ITA NO. 998/K/2011 THAT THE ARGUMENTS MADE BEFORE CIT(A) REGARDING ADDITION OF RS.6,85,025/- TREATED AS UNEXPLAINED DEPOSIT IN VARIOUS BANK ACCOUNTS AS WELL AS INTERES T CREDITED THEREIN AS DETAILED OUT AS UNDER: (I) UNEXPLAINED DEPOSITS IN STANDARD CHARTERED BANK A/C. NO.3221039206 RS.1,845/- (II) INTEREST ON FIXED DEPOSITS IN SAME BANK RS.2, 55,299/- (III) F.D. WITHDRAWN FROM THE SAME BANK RS.1,00,67 2/- (IV) UNEXPLAINED DEPOSITS IN HSBC, BBD BAGH RS.1,59 ,237/- (V) INTEREST ON F.D. WITH HSBC BANK RS.79,524/- (VI) DIFFERENCE IN CLOSING BALANCE IN UBI, RAFI AHM ED RS.17,641/- (VII) UNEXPLAINED DEPOSITS IN SBI, WELLESLEY STREET RS.12,473/- (VIII) UNEXPLAINED DEPOSITS IN SYNDICATE BANK, ESPL ANADE RS.58,334/- TOTAL : RS.6,85,025/- THE ASSESSING OFFICER SUBMITTED REMAND REPORT AND ADVERSE COMMENTS REGARDING TWO ADDITIONS ONLY, WHICH ARE FOLLOWING: A) F.D WITHDRAWN FROM STANDARD CHARTERED BANK A/C NO.3221-39206 RS.1,00,672/- B) UNEXPLAINED DEPOSITS IN HSBC, BBD BAG RS.1,59,23 7/- TOTAL : RS.2,59,909/- 3. THE MOOT QUESTION ARGUED BY LD. COUNSEL FOR THE ASSESSEE WAS THAT SINCE THE REVISED ACCOUNTS FURNISHED BEFORE CIT(A) I.E. STATEMENT OF ACCOUNTS, BALANCE SHEETS FOR ALL THESE ASSESSMENT YEARS INCORPORATING ALL UNDISCLOSED BANK ACCOUNTS AND SEVERAL ADDITIONAL INCOMES ON ACCOUNT OF UNDISCLOSED BANK ACCOUNT BEFORE CIT(A ) AND NONE OF THE AUTHORITIES BELOW HAVE CONSIDERED THE ISSUE IN PROPER PERSPECTIVE AND NOT EXAMINED ALL THE DETAILS. WHEN THIS WAS CONFRONTED TO LD. CIT, DR SHRI A. K. SINGH, HE STAT ED THAT MANY OPPORTUNITIES WERE GIVEN TO THE ASSESSEE BUT ASSESSEE HAS NOT AVAILED OF THE OP PORTUNITIES AS PROVIDED BY ASSESSING OFFICER DURING ASSESSMENT PROCEEDINGS AND NONE OF THESE DOC UMENTS WERE PLACED BEFORE ASSESSING OFFICER AT THE TIME OF ASSESSMENT. HOWEVER, HE HAS NOT OBJECTED TO THE SETTING ASIDE OF THE ISSUE. 4. WE FIND THAT THE ASSESSEE IS RUNNING KEROSENE DE ALERSHIP SINCE 1984 AND TRADE LICENCE ISSUED BY FOOD & SUPPLIES DEPTT., GOVT. OF WEST BEN GAL. RETURNS OF INCOME WITH AUDITED ACCOUNTS, BALANCE SHEETS ETC. WERE REGULARLY FILED IN RESPECT OF ASSESSEES PROPRIETARY CONCERN M/S. S. N. SHAWKAT. WE FIND THAT THE ASSESSEE NEVE R FILED HIS PERSONAL BALANCE SHEET SHOWING 3 ITA 998 TO 1002/K/2011 SHAHJAHAN S. SHAWKAT A.Y. 02-03 TO 06-07 HIS PERSONAL INVESTMENTS WHEREIN HE WAS MAKING INVE STMENTS IN CUMULATIVE GROWTH OF INTEREST IN LONG BACK AS PER RECORDS. ADMITTEDLY, INTERESTS EARNED ON SUCH INVESTMENTS WERE NOT DISCLOSED AND EVEN IT IS NOT EXPLAINED HOW THESE IN VESTMENTS ARE PERTAINING TO PRIOR PERIODS PRIOR TO THE RELEVANT ASSESSMENT YEAR 2002-03 AND T HESE ARE REINVESTMENTS. FURTHER, IT WAS NOT EXPLAINED AS TO WHY THESE WERE NOT FILED BEFORE THE ASSESSING OFFICER BUT THE SIMPLE REASON THAT ASSESSEE EXPIRED ON 04.06.2008 AND THE LEGAL HEIRS COULD NOT TRACE THE INFORMATION AT THE TIME OF ASSESSMENT. NOW LD. COUNSEL FOR THE ASSESSEE HAS U NDERTOOK TO FILE ALL THE DETAILS WHATEVER IS CALLED BY ASSESSING OFFICER AT THE TIME OF ASSESSME NT, IN CASE MATTER IS RESTORED BACK TO THE FILE OF ASSESSING OFFICER. IN VIEW OF THE ABOVE FACTS A ND CIRCUMSTANCES, WE ARE OF THE VIEW THAT AT THIS STAGE INVESTIGATION IS NOT POSSIBLE AND HENCE, ENTIRE FACTS REQUIRE REINVESTIGATION WHETHER THE UNDISCLOSED INVESTMENTS IN BANK ACCOUNTS PERTAI N TO EARLIER YEAR OR THESE ARE DURING THE RELEVANT YEAR. IN VIEW OF THIS FACT, WE SET ASIDE THE ISSUE TO THE FILE OF ASSESSING OFFICER FOR ALL THESE ASSESSMENT YEARS AND DIRECT THE ASSESSEE TO F ILE ALL NECESSARY INFORMATION BEFORE THE ASSESSING OFFICER FOR ADJUDICATION THE MATTERS. AC CORDINGLY, ALL THESE APPEALS OF ASSESSEE ARE SET ASIDE AND ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, APPEALS OF ASSESSEE ARE ALLOWED F OR STATISTICAL PURPOSES. 6. ORDER PRONOUNCED IN OPEN COURT ON 23.03.2012. SD/- SD/- , #! #! #! #! $'# $'# $'# $'# , (PRAMOD KUMAR) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ( / / / /) )) ) DATED : 23RD MARCH, 2012 !01 $&23 $4! JD.(SR.P.S.) . 5 $$ 6(7- COPY OF THE ORDER FORWARDED TO: 1 . +, / APPELLANT SHRI SHAHJAHAN S. SHAWKAT, 184, DHARAMT ALLA STREET, KOLKATA-700 013 2 -+, / RESPONDENT, ITO, WARD-31(1), KOLKATA. 3 . $.& ( )/ THE CIT(A), KOLKATA 4. $.& / CIT, KOLKATA 5 . !>$? $& / DR, KOLKATA BENCHES, KOLKATA - $/ TRUE COPY, .&/ BY ORDER, # '3 /ASSTT. REGISTRAR .