DCIT,CC-XXIV/Kol, V. Sri Kamalesh Dutta, Durgapur

ITSSA 102/KOL/2008

• Counselvise Citation: [2013] 121 COUNSELVISE.COM (IT) 9677 (ITAT-KOLKATA)
• Duration Of Justice: 5 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 13-12-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 03-07-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHT A P
• Assessee Lawyers: V N PUROHIT
• Keywords: Cost of acquisition

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI R.C. SHARMA, A.M. & SHRI GEORGE MATHAN , J.M. ] I.T.(SS)A. NO.102/KOL/2008 : BLOCK PERIOD : 01.04.1996 TO 12.12.2002 DCIT,CC-XXIV, KOLKATA -VS- S RI KAMALESH DUTTA, DURGAPUR ( APPELLANT ) (PAN:ADVPD8723E)... ( RESPONDENT ) I.T.(SS)A. NO.68/KOL/2008 : BLOCK PERIOD : 01.04.1996 TO 12.12.2002 SRI KAMALESH DUTTA, DURGAPUR -VS- DCIT ,CC-XXIV, KOLKATA (APPELLANT) (RESPONDENT ) DATE OF CONCLUDING THE HEARING : 12.12.2013 DATE OF PRONOUNCING THE ORDER : 12.12.2013 APPEARANCES : FOR THE ASSESSEE : SHRI V.N.PU ROHIT, FCA : FOR THE DEPARTMENT : SHRI VARINDER MEHT A, CIT(DR) O R D E R PER SHRI GEORGE MATHAN,J.M. IT(SS)A NO.102/KOL/2008 IS AN APPEAL FILED BY THE R EVENUE AGAINST THE ORDER OF THE LD. CIT(A), CENTRAL-III, KOLKATA IN AP PEAL NO.05/CC- XXIV/CIT(A)C-III/06-07 DATED 7 TH APRIL, 2006 FOR THE BLOCK PERIOD 01.04.1996 TO 12.12.2002 AND THE IT(SS).A NO.68/KOL/2010 IS AN AP PEAL FILED BY THE ASSESSEE. 2. SHRI VARINDER MEHTA, CIT(DR), REPRESENTED ON BEH ALF OF THE REVENUE AND SHRI V.N.PUROHIT, FCA REPRESENTED ON BEHALF OF THE ASSESSEE. 3. IN THE REVENUES APPEAL, THE REVENUE HAS RAISED THE FOLLOWING GROUNDS:- 1. THAT LD. CIT(A) ERRED ON FACT AS WELL AS IN LAW IN DELETING THE ADDITION OF RS.2,00,000/- ON ACCOUNT OF UNDISCLOSED DEPOSITS AS WELL AS INTEREST EARNED FROM SUCH DEPOSITS MADE IN BANK ACCOUNT MAINTAINED WITH UNION BANK OF INDIA, DHARMATALA BRA NCH.. 2. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE THE LD. CIT(A) ERRED ON FACT BY DELETING THE ADDITION OF RS .6,24,000/- WHICH WAS UNDISCLOSED ADVANCE. 2 IT(SS)A NOS.103 & 68 OF 2008 SRI KAMALESH DUTTA 3. THE DEPARTMENT CRAVES LEAVE FOR TAKING ANY ADDI TIONAL/ NEW GROUND OR TO AMEND GROUNDS OF APPEALS. 3.1 IN THE IN THE ASSESSEES APPEAL, THE ASSESSEE H AS RAISED THE FOLLOWING GROUNDS:- 1. THAT THE C.I.T.(A) HAS ERRED IN CONFIRMING THE A DDITION OF RS.9,739/- AS UNDISCLOSED INCOME IN CANARA BANK DEP OSITS. 2. THAT THE C.I.T.(A) HAS FURTHER ERRED IN CONFIRM ING THE ADDITION OF RS.1,24,800/- BEING ALLEGED PAYMENT FOR PURCHASE OF CYCLES. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD, TO AMEN D OR WITHDRAW BOTH OR ANY OF THE GROUND. 4. AT THE TIME OF HEARING, IT WAS FAIRLY AGREED BY BOTH THE SIDES THAT THE ISSUE IN APPEAL ISSUES RAISED IN THE REVENUES APPEAL WERE I DENTICAL TO THE ISSUE RAISED IN THE CASE OF SHRI MANAB DUTTA IN IT(SS) NO.103/KOL/2 008. 5. AS WE HAVE ALREADY DISMISSED THE REVENUES APPEA L IN THE CASE OF SHRI MANAB DUTTA IN IT(SS) A. NO.103/KOL/2008, FOR THE I DENTICAL REASONS, THE APPEAL IN IT(SS)A NO.102/KOL/2008 STANDS DISMISSED. 6. IN RESPECT OF ASSESSEES APPEAL IN IT(SS) A. NO. 68/KOL/2008, AT THE TIME OF HEARING, THE LD. A.R. SUBMITTED THAT HE DID NOT WIS H TO PRESS GROUND NO.1. CONSEQUENTLY, THE SAME IS DISMISSED AS NOT PRESSED. IN RESPECT OF GROUND NO.2, IT WAS A SUBMISSION THAT THE ADDITION OF RS.1,24,800/- WAS ON ACCOUNT OF CHALLAN, WHICH WAS FOUND IN THE COURSE OF SEARCH. IT WAS A S UBMISSION THAT THE ASSESSEE HAS ALREADY DISCLOSED 4.5% PROFIT ON THE SAID TRANSACTI ON AS RECORDED IN THE CHALLAN AND CONSEQUENTLY NO FURTHER ADDITION WAS CALLED FOR. 7. IN REPLY, THE LD. D.R. VEHEMENTLY SUPPORTED THE ORDERS OF THE AO AND THE LD. CIT(A). 8. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IT IS NOTICED THAT THE ASSESSEE HAS DISCLOSED THE PROFITS IN RESPECT OF THE SAID CHALLA N. THIS CLEARLY SHOWS THAT THE 3 IT(SS)A NOS.103 & 68 OF 2008 SRI KAMALESH DUTTA ASSESSEE HAS ADMITTED THE TRANSACTION. THE TRANSACT ION IN THE CHALLAN IS A SINGLE TRANSACTION, AND THE PURCHASE COST ITSELF HAS NOT B EEN DISCLOSED BY THE ASSESSEE. IN THE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE AO A ND THE LD. CIT(A) WERE RIGHT IN MAKING THE ADDITION AND CONFIRMING THE SAME. THEREF ORE, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. 9. IN THE RESULT, THE BOTH THE APPEALS OF THE REVEN UE AND THE ASSESSEE ARE DISMISSED. THIS ORDER IS PRONOUNCED IN THE COURT ON 12 TH DECEMBER, 2013. SD/- SD/- (R.C.SHARMA) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 12 TH DECEMBER, 2013 COPY OF THE ORDER FORWARDED TO: 1. SRI KAMALESH DUTTA, PROPRIETOR OF DUTTA AUTOMOBILES , BENACHITI, DURGAPUR- 713 213. 2 DCIT,CC-XXIV, KOLKATA 3. THE CIT(A), 4. CIT, 5. DR, TRUE COPY, BY ORDER, ASSTT. REGISTRAR , ITAT, KOLKATA TALUKDAR(SR.P.S.) 4 IT(SS)A NOS.103 & 68 OF 2008 SRI KAMALESH DUTTA