Primarc Projects Pvt. Ltd., Kolkata V. DCIT, Cen. Cir. 1(4), Kolkata

ITSSA 12/KOL/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3498 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 2 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 18-07-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Next Hearing Date: 18-07-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 16-03-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 250; 153C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.(SS)A. No.12/Kol/2022 Assessment Year: 2015-16 Primarc Projects Pvt. Ltd..........................................................................Appellant 6A, Elgin Road, 2 nd Floor, Kolkata-700020. [PAN: AADCP8058P] vs. DCIT, Central Circle-1(4), Kolkata.......................................................Respondent Appearances by: Shri Manish Tiwari, FCA, appeared on behalf of the appellant. Shri Amol Kamat, CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : July 19, 2022 Date of pronouncing the order : July 19, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 09.02.2022 of the Commissioner of Income Tax (Appeals)-20, Kolkata [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). The assessee in this appeal has taken the following grounds of appeal: “1. That on the facts and in the circumstances of the case, the action of Ld. CIT(A) to confirm the order of the A.O u/s 153C read with section 143(3) is erroneous and bad in law. 2. That on the facts and in the circumstances of the case, Ld. CIT(A) erred in confirming addition of Rs.2,34,504/- under the head provision for gratuity when the appellant company disallowed the same on its own. 3. That on the facts and in the circumstances of the case, the action of Ld. CIT(A) results in double addition. 4. The appellant craves leave to make any addition, alteration, modification of the grounds before the appeal proceedings or in course of appeal hearing stage.” 2. The only submission made by the counsel for the assessee in this appeal is that there is a double disallowance of an amount of Rs.2,34,504/- which was a provision for gratuity which, as per the counsel for the assessee, the assessee has been suo moto disallowed the same in the computation of income. The ld. Counsel for the assessee has submitted that the Assessing Officer has again disallowed the same amount which I.T.(SS)A. No.12/Kol/2022 Assessment Year: 2015-16 Primarc Projects Pvt. Ltd. 2 amounts to double taxation. In view of the above submissions, the matter is restored to the file of the Assessing Officer for verification and if the contention of the assessee is found correct, then obviously, the Assessing Officer will not make any double addition of the same amount. With the above observation, the appeal of the assessee is treated as allowed for statistical purposes. 5. In the result, the appeal of the assessee stands allowed for statistical purposes. Kolkata, the 19 th July, 2022. Sd/- Sd/- [Girish Agrawal] [Sanjay Garg] Accountant Member Judicial Member Dated: 19.07.2022. RS Copy of the order forwarded to: 1. Primarc Projects Pvt. Ltd 2. DCIT, Central Circle-1(4), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches