Assistant Commissioner of Income Tax, Circle - Silchar , Silchar V. Shri Subhash Chandra Dey, Dharmanagar

ITSSA 61/GTY/2003

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8180 (ITAT-GUWAHATI)
• Duration Of Justice: 15 year(s) 11 month(s) 3 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-07-2019
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 08-08-2003
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Gift; Business expenditure; Peak credit; Block assessment
• Section: 40A(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI BENCH, GUWAHATI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 60 & 66 / GAU/2003 BLOCK PERIOD 01.04.1989 TO 08.12.1999: ACIT, CIRCLE, SILCHAR AAYAKAR BHAWAN, PWD ROAD, SILCHAR-788001, CACHAR, ASSAM SMT. MAYA RANI DEY, L/R OF (LATE) SUNIL CHANDRA DEY, OLD MOTOR STAND ROAD, DHARMANAGAR-799250, TRIPURA, V/S . V/S . SMT. MAYA RANI DEY, L/R OF (LATE) SUNIL CHANDRA DEY, OLD MOTOR STAND ROAD, DHARMANAGAR- 799250, TRIPURA, [ PAN NO.ABOPD 4970 D ] ACIT, CIRCLE, SILCHAR AAYAKAR BHAWAN, PWD ROAD, SILCHAR-788001, CACHAR, ASSAM /APPELLANT .. / RESPONDENT ITA NO. 6 1 & 6 5 / GAU/2003 BLOCK PERIOD 01.04.1989 TO 08.12.1999: ACIT, CIRCLE, SILCHAR AAYAKAR BHAWAN, PWD ROAD, SILCHAR-788001, CACHAR, ASSAM SRI SUBASH CHANDRA DEY, OFFICE TILLA, DHARMANAGAR -799250, TRIPURA, V/S . V/S . SRI SUBHASH CHANDRA DEY, OFFICE TILLA, DHARMANAGAR- 799250, TRIPURA, [ PAN NO.ACRPD 1916 F ] ACIT, CIRCLE, SILCHAR AAYAKAR BHAWAN, PWD ROAD, SILCHAR-788001, CACHAR, ASSAM /APPELLANT .. / RESPONDENT ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 2 I TA NO. 63 & 64 / GAU/2003 BLOCK PERIOD 01.04.1989 TO 08.12.1999: ACIT, CIRCLE, SILCHAR AAYAKAR BHAWAN, PWD ROAD, SILCHAR-788001, CACHAR, ASSAM SRI ASHISH KR.DEY, OLD MOTOR STAND ROAD, DHARMANAGAR-799250, TRIPURA, V/S . V/S . SRI.ASHISH KR. DEY, OLD MOTOR STAND ROAD, DHARMANAGAR-799250, TRIPURA, [ PAN NO.ABYPD 9618 E ] ACIT, CIRCLE, SILCHAR AAYAKAR BHAWAN, PWD ROAD, SILCHAR-788001, CACHAR, ASSAM /APPELLANT .. / RESPONDENT /BY ASSESSEE SHRI NIRMAL SINGH DUGAR, SENIOR TAX CONSULTANT / /BY REVENUE SHRI SANJAY SHARMA, STANDING COUNSEL FOR DEPARTMENT /DATE OF HEARING 03-07-2019 /DATE OF PRONOUNCEMENT 12 -07-2019 / O R D E R PER BENCH:- THE INSTANT BATCH OF SIX CASES PERTAIN TO THREE AS SESSEES NAMELY, LATE SUNIL CHANDRA DEY, SUBASH CHANDRA DEY & ASHISH KUMA R DEY HEREINAFTER REFERRED AS FIRST, SECOND AND THIRD ASSESSEES. THE REVENUE AS WELL AS THESE THREE ASSESSEES HAVE PREFERRED THE INSTANT CROSS-AP PEALS AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-SHILLONGS SEP ARATE ORDERS; ALL DATED 13.03.2003 PASSED IN CASE DHARM-2-2002-03, DHARM-4/ 2002-03, DHARM- 3/2002-03; RESPECTIVELY INVOLVING PROCEEDINGS U/S 1 58BC R.W.S.143(3) R.W.S.158BG OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. THE RELEVANT ASSESSMENT YEAR IS BLOCK PERIOD FROM 01.04.1989 TO 08.12.1999. ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 3 WE HAVE GIVEN OUR THOUGHTFUL CONSIDERATION TO RIVA L CONTENTIONS. 2. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE EARLIER CO-ORDINATE BENCHS ORDER DATED. 29.09.2006 INVOLVED DISSENTING OPINION(S) BETWEEN THE ERSTWHILE MEMBERS ON VARIOUS ISSUES TO BE DISCUSSED IN SUCCEEDING PARAS. LEARNED CO-ORDINATE BENCH THEREAFTER FRAMED ITS POI NTS OF DETERMINATION BY THE HONBLE THIRD MEMBER. THE FILE(S) WERE SENT TO HONBLE PRESIDENT OF INCOME TAX APPELLATE TRIBUNAL U/S 255(4) OF THE ACT . HONBLE PRESIDENT CONSTITUTED THIRD MEMBER UNDER THE SAID PROVISION. NOW THE HONBLE THIRD MEMBER HAS PASSED HIS ORDER ON 05.04.2019 FINDING P ART OF THE CASE RECORD(S) BEFORE US. IT IS IN THESE BACKDROP OF FACTS THAT WE ARE NOW PASSING OUR INSTANT GIVING EFFECT ORDER AS PER PROVISION OF THE ACT. 3. BEFORE WE PROCEED, LEARNED AUTHORIZED REPRESENTA TIVE HAS SOUGHT TO RAISE ASSESSEES ADDITIONAL GROUND CHALLENGING VALI DITY OF ALL THE THREE IMPUGNED BLOCK ASSESSMENT(S) FRAMED IN ASSESSEES C ASES FOR THE REASON THAT THE SAME ARE TIME BARRED SINCE NOT FINALIZED W ITHIN TWO YEARS FROM THE DATE OF CONCLUSION OF SEARCH ON 08.12.1999. HE QUOT ES SEC. 158BE(1)(B) OF THE ACT ( AS APPLICABLE AT THE RELEVANT POINT OF TIME ) AND PLEADS THAT IMPUGNED ASSESSMENTS FRAMED ON 28.02.2002 (FIRST ASSESSEE) A ND ON 31.1.2002 IN THE LATTER TWO ASSESSEES CASES ARE INVALID SINCE FRAME D BEYOND THE LIMITATION TIME. WE FIND NO MERIT IN ASSESSEES INSTANT ARGUME NTS SINCE WE ARE PASSING GIVING EFFECT ORDER ONLY U/S 255(4) OF THE ACT. OUR JURISDICTION IS C ONFINED TO THE ISSUE(S) RAISED BEFORE HONBLE THIRD MEMBER ONL Y. THE REVENUES PINPOINTS AT THIS STAGE THAT THE ASSESSEES HAD PLE ADED THE VERY ADDITIONAL GROUND BEFORE HONBLE THIRD MEMBER ALSO WHICH WAS N OT ENTERTAINED AS EVIDENT FROM , PARA 35.6 OF THE ORDER DATED 05.04.2019. WE THEREFORE DECLIN E THIS ADDITIONAL GROUND SOUGHT TO RAISED AT THIS STA GE. WE NOW ADVERT TO THE VARIOUS SUBSTANTIVE GROUNDS RA ISED BY THE REVENUE AS WELL AS THE THREE ASSESSEES BEFORE US IN THEIR RESPECTIVE PLEADINGS. ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 4 4. WE PROCEED ASSESSEE-WISE FOR SAKE OF BREVITY. WE TAKE REVENUES APPEAL IN ITA 60 & 66/GAU/2003 AND ASSESSEE LATE SH RI SUNIL CHANDRA DEYS CROSS APPEALS. THE REVENUE AND ASSESSEE LATE SHRI S UNIL CHANDRA DEY; RESPECTIVELY. THE REVENUES APPEAL IS ITA 60/GAU/20 03. IT RAISES SEVEN SUBSTANTIVE GROUNDS SEEKING TO REVIVE ADDITION(S) O F RS.25,429/- FOR ASSESSMENT YEAR 1998-99 IN RESPECT TWO RENEWED RIP WITH TRIPURA GRAMIN BANK. THIS GROUND STOOD REJECTED IN THE TRIBUNALS EARLIER UNANIMOUS ORDER PASSED IN DECEMBER, 2002 (SUPRA). THERE IS NO NEED FOR US TO ADJUDICATE THE SAME AT THIS STAGE. 5. THE REVENUES SECOND SUBSTANTIVE GROUND IS THAT OF ADDITION OF RS.6,41,554/- FDR WITH SBI, DHARMANAGAR DATED 09.05 .1997. THIS GROUND ALSO STOOD REJECTED IN THE TRIBUNALS EARLIER UNANI MOUS ORDER. 6. THE REVENUES THIRD SUBSTANTIVE GROUND REGARDING ESTIMATED PROFIT FROM SALE OF POTATO AND MUSTER SEEDS FOR ASSESSMENT YEAR 1995-96 STOOD REFERRED TO HONBLE THIRD MEMBER WHEREIN HE HAS CONCURRED WI TH THE LEARNED ACCOUNTING MEMBERS (AM) ORDER DECIDING THE ISSUE I N REVENUES FAVOUR. WE ACCORDINGLY ACCEPT THIS THIRD SUBSTANTIVE GROUND. 7. THE REVENUES FOURTH SUBSTANTIVE GROUND REGARDIN G CONTRACT RECEIPTS INVOLVING AT RS.8,79,770/- STANDS DECIDED BY THE HO NBLE THIRD MEMBER IN ASSESSEES FAVOUR AFTER EXPRESSING CONCURRENCE WITH THE JUDICIAL MEMBERS OPINION EARLIER ORDER. WE THEREFORE DECLINE REVENUE S INSTANT GRIEVANCE. 8. THE REVENUES NEXT SUBSTANTIVE GROUND INVOLVING SUM OF RS.7,57,000/- IN UNEXPLAINED BANK DEPOSITS OF SBI, SHILLONG STAND S DELETED IN HONBLE THIRD MEMBERS ORDER BEFORE US. WE THEREFORE DECLINE THIS SUBSTANTIVE GROUND. 9. THE REVENUES NEXT SUBSTANTIVE GROUND INVOLVING SUNDRY CREDITORS AND CONTRACTUAL LIABILITY ADDITION OF RS.1,00,220/- ALS O STAND DECIDED IN REVENUES FAVOUR IN THE HONBLE THIRD MEMBERS ORDER. WE THE REFORE RESTORE THE IMPUGNED ADDITION. 10. THE REVENUES SEVENTH SUBSTANTIVE GROUND INVOLV ES HOUSE PROPERTY INCOME ADDITION OF RS.13,500/-. IT EMERGES THAT HON BLE THIRD MEMBER HAS ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 5 EXPRESSED AGREEMENT WITH THE ACCOUNTANT MEMBER DECL INING THE REVENUES INSTANT SUBSTANTIVE GROUND. WE THEREFORE REJECT THI S LAST SUBSTANTIVE GROUND AS WELL. THE REVENUES APPEAL ITA NO.60/GAU/2003 IS PA RTLY ALLOWED IN FOREGOING TERMS. 11 NEXT COMES THE ASSESSEES CROSS-APPEAL ITA NO.66 /GAU/2003. THIS ASSESSEES FIRST SUBSTANTIVE GROUND CHALLENGES CORR ECTNESS OF BOTH THE LOWER AUTHORITIES ACTION ADDING THE ALLEGED UNDISCLOSED I NVESTMENT IN FDR AMOUNTING TO RS.1,18,000/- (UNDER FIGURE 1,18,400) . IT TRANSPIRES THAT ACCOUNTANT MEMBERS ORDER HAD RESTORED THIS ISSUE B ACK TO THE CIT(A) FOR AFRESH ADJUDICATION WHICH STANDS CONCURRED WITH BY HONBLE THIRD MEMBERS. WE THEREFORE ACCEPT THIS FIRST SUBSTANTIVE GROUND F OR STATISTICAL PURPOSES IN ABOVE TERMS. 12 THE ASSESSEES REMAINING SUBSTANTIVE GROUNDS INV OLVED ADDITION(S) SUMS OF RS.8,429/-, RSS.2,09,598/-, RS.7,28,709/-, @ 2.5 PROFIT ON UNDISCLOSED SALES; RS.67,000/-; RESPECTIVELY THE TAXPAYERS TO H AVE NOT PRESSED FOR FDR INVESTMENT ADDITION OF RS.8,429/- IN EARLIER ORDER . ALL REMAINING GROUNDS WENT UP TO HONBLE THIRD MEMBER WHO HAS UPHELD UNDISCLOS ED INCOME ADDITIONS INVOLVING SUMS OF RS.2,09,598/-, RS.7,28,709/- & RS .57,000/-; RESPECTIVELY. WE THEREFORE DECLINE ALL THESE SUBSTANTIVE GROUNDS GOING BY HONBLE THIRD MEMBERS FINDINGS. THE ASSESSEES INSTANT APPEAL ITA NO.66/GAU/2003 IS PARTLY ALLOWED FOR STATISTICAL PURPOSES IN ABOVE TE RMS THEREFORE. 13. WE NOW MOVE TO ITA NO.61 & 65/GAU/2003 FILED BY THE DEPARTMENT AND THE SECOND-ASSESSEE; RESPECTIVELY. COMING TO DEPART MENTS APPEAL ITA 61/GAU/2003), HONBLE THIRD MEMBER HAS HELD WITH TH E ACCOUNTANT MEMBER THAT THE CIT(A)S ORDER DELETING THE IMPUGNED LIABI LITIES ADDITIONS OF RS.40,700/- & RS.71,177/- DO NOT CALL FOR ANY INTE RFERENCES. THIS FIRST SUBSTANTIVE GROUND FAILS THEREFORE. 14 THE REVENUES SECOND SUBSTANTIVE GROUND INVOLVES ADDITION AMOUNT OF RS.22,167/- AS PROFIT FROM M/S DEY CONSTRUCTION ADD ED IN ASSESSEES HANDS. HONBLE THIRD MEMBER HAS EXPRESSED AGREEMENT WITH T HE JUDICIAL MEMBER ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 6 UPHOLDING THE CIT(A)S FINDINGS DELETING THE IMPUGN ED ADDITION. WE ACCORDINGLY REJECT THE REVENUES INSTANT GROUND. 15. THE REVENUES THIRD SUBSTANTIVE GROUND SEEKS TO RESTORE SEC. 40A(3) DISALLOWANCE ADDITION OF RS.96,430/-. THE LEARNED C O-ORDINATE BENCH HAD UNANIMOUSLY UPHELD THE CIT(A)S ORDER DELETING THE IMPUGNED DISALLOWANCE. WE FOLLOW SUIT THEREFORE AND REJECT THE REVENUES T HIRD SUBSTANTIVE GROUND. 16. NEXT COMES ADDITION OF RS.1,08,740/- FOR ASSESS MENT YEAR 2000-01 MADE BY THE ASSESSING OFFICER AND REVERSED IN LOWER APPELLATE PROCEEDINGS THIRD MEMBER HAS EXPRESSED AGREEMENT WITH THE ACCOU NTANT MEMBERS OPINION RESTORING THE ISSUE BACK TO THE ASSESSING O FFICER FOR AFRESH ADJUDICATION. WE THEREFORE ACCEPT THE REVENUES INS TANT GROUND FOR STATISTICAL PURPOSES. 17. THE REVENUES FIFTH SUBSTANTIVE GROUND SEEKS TO REVIVE ADDITIONS OF RS.9,60,199/- AS INCOME FROM UNRECORDED SALES FOR A SSESSMENT YEAR 1999-00 AND ADDITION OF RS.3,46,440/- U/S 69 OF THE ACT IN ASSESSMENT YEAR 2001-02; RESPECTIVELY. CASE FILE SUGGESTS THAT HONBLE THIRD MEMBER HAS UPHELD THE LEARNED AMS OPINION RESTORING THE ISSUE(S) BACK TO THE ASSESSING OFFICER FOR AFRESH DECISION. WE THEREFORE ACCEPT THE REVENUES INSTANT SUBSTANTIVE GROUND FOR STATISTICAL PURPOSES AS WELL. 18. THIS REVENUES APPEAL ITA NO.61/GAU/.2003 IS TAKEN AS PARTLY ALLOWED FOR STATISTICAL PURPOSES IN FOREGOING TERMS. 19. SECOND ASSESSEES CROSS-APPEAL IS ITA NO.65/GAU /2003. HIS FIRST SUBSTANTIVE GROUND NO. 1(A) TO (F) INVOLVE ADDITION (S) OF RS.27,994/-, RS.21,068/-SUNDRY CREDITORS FOR RS.3,21,600/-. RS.6 4,200/- & RS.3,10,310/- ( FOR ASSESSMENT YEARS 1990-91, 1991-92 AND 1999-00 ); HELD AS FICTITIOUS LIABILITY, BUSINESS EXPENDITURE DISALLOWED @ 20% IN VOLVING ADDITION AMOUNT OF RS.1,28,063/- UNRECORDED SALES OF RS.59,694/-, UNDI SCLOSED INCOME OF RS.2,93,234/- AND ADDITION OF RS.2,44,088/- @ 5% GR OSS PROFIT OF UNDISCLOSED SALES; RESPECTIVELY. HONBLE THIRD MEMBER HAS EXPRE SSED AGREEMENT WITH JUDICIAL MEMBER DELETING THE FIRST ADDITION OF RS.2 7,994/- AND RS.21,068/-. WE ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 7 THEREFORE ACCEPT THE ASSESSEES CORRESPONDING GROUN DS. COMING TO SUNDRY CREDITORS AMOUNT(S) OF RS.3,21,600/-, RS.64,200/- & RS.3,10,310/- HONBE THIRD MEMBER HAS CONCURRED WITH THE ACCOUNTANT MEM BER UPHOLDING THESE ADDITIONS. WE THEREFORE AFFIRM ALL THESE ADDITIONS EXCEPT THE AMOUNT OF RS.3,10,310/-. THE ASSESSEES NEXT GRIEVANCE QUA SE C. 40A(3) DISALLOWANCE OF RS.1,28,063/- IS DELETED GOING BY HONBLE THIRD MEMBER AGREEING WITH LEARNED JUDICIAL MEMBERS FINDINGS. HE HAS THEREAFT ER RESTORED ADDITION OF RS.5,9,694/- TO THE EXTENT OF RS.29,694/-. WE PARTL Y ACCEPT THE INSTANT SUBSTANTIVE GROUND THEREFORE. 20. THE ASSESSEES NEXT SUBSTANTIVE GROUND CHALLENG ING UNDISCLOSED INCOME ADDITION OF RS.2,93,234/- IS ALLOWED FOR ST ATISTICAL PURPOSES AS PER THE EARLIER DIVISION BENCHS UNANIMOUS ORDER. 21. COMING TO ASSESSEES LAST GRIEVANCE REGARDING A DDITION OF RS.2,44,088/- IN THE NATURE OF PROFIT @ 5% AN UNACCOUNTED SALES, HONBLE THIRD MEMBER HAS AGREED WITH THE LEARNED JUDICIAL MEMBER ESTIMATING PROFIT ELEMENT @ 3.5%. WE PARTLY ACCEPT ITS SUBSTANTIVE GROUND THEREFORE. THE ASSESSEES INSTANT CROSS-APPEAL ITA 65/GAU/2003 IS PARTLY ALLOWED IN FOREGOING TERMS. 22. WE ARE NOW LEFT WITH REVENUE AND THIRD ASSESSEE S CROSS-APPEALS ITA NO.63 & 64/GAU/2003. THE REVENUE HAS RAISED FIVE SU BSTANTIVE GROUNDS APPEARS TO HAVE PRESSED ITS FIVE SUBSTANTIVE GROUND ONLY OUT OF SIX PLEADED IN THE APPEAL SINCE THE LEARNED CO-ORDINATE BENCHS EA RLIER ORDER HELD THAT LAST ISSUE DID NOT REQUIRE ANY SPECIFIC ADJUDICATION. TH E REVENUES REMAINING FIVE SUBSTANTIVE GROUNDS THEREFORE SOUGHT TO RESTORE PRO FIT OF ASSESSEES CONTRACT DISCLOSED AMOUNT OF RS.4,49,600/- AND RS.6,96,023/ - IN ASSESSMENT YEAR 1998-99 AND 1999-00 AS FICTITIOUS LIABILITY; ADDITI ON(S) OF RS.55,9000/-, RS.9,49,560/- AND RS.69,95,300/- FOR ASSESSMENT YEA RS 1996-97, 1998-99 AND 199-00, TOTAL EXPENSES ADDITION OF RS.32,913/-, GIF T ADDITION OF RS.15,3000/- FOR ASSESSMENT YEAR 1997-98 AND CONTRACT AMOUNT ADDITIO N OF R S.4,56,334/-; RESPECTIVELY. HONBLE THIRD MEMBER APPEARS TO HAVE CONCURRED WITH ACCOUNTANT MEMBER REGARDING THE FIRST ISSUE OF ASSE SSMENT OF ASSESSEES ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 8 CONTRACT RECEIPTS @ 8% IN BOTH ASSESSMENT YEARS. TH IS FIRST SUBSTANTIVE GROUND IS PARTLY ALLOWED THEREFORE. 23. NEXT COMES SECOND ISSUE OF THREE FICTITIOUS SUN DRY CREDITORS IN REVENUES SECOND SUBSTANTIVE GROUND. HONBLE THIRD MEMBER HAS AGREED WITH THE LEARNED ACCOUNTANT MEMBERS DELETING THESE THREE ADDITIONS AS NOT SUSTAINABLE. WE THEREFORE REJECT THE REVENUES INST ANT SUBSTANTIVE GROUND. THE REVENUES THIRD SUBSTANTIVE GROUND RAISING HOTE L EXPENSES ADDITION STOOD REJECTED IN TRIBUNALS EARLIER ORDER. WE THEREFORE FOLLOW SUIT HEREIN AS WELL. LEARNED CO-ORDINATE BENCHS HAD FURTHER DECLINED RE VENUES NEXT SUBSTANTIVE GROUND SEEKING TO REVIVE GIFT ADDITION (SUPRA). WE THEREFORE REJECT THE INSTANT FOURTH SUBSTANTIVE GROUND AS WELL. 24. COMING TO REVENUES FIFTH SUBSTANTIVE GROUND RE GARDING CONTRACT RECEIPTS INCOME OF RS.456,334/-, HONBLE THIRD MEMB ER HAS UPHELD THE LEARNED ACCOUNTANT MEMBERS FINDINGS REJECTING THE SAME @ 8% OF THE CONTRACT RECEIPTS. WE THEREFORE DIRECT THE ASSESSIN G OFFICER TO FRAME CONSEQUENTIAL COMPUTATION. THIS FIFTH SUBSTANTIVE G ROUND IS TAKEN AS PARTLY ALLOWED. SO IS THE OUTCOME THE REVENUES APPEAL ITA NO.63/GAU/2003 . 25. WE ARE NOW LEFT THE THIRD ASSESSEES APPEAL ITA NO.64/GAU/2003. HONBLE THIRD MEMBER HAS CONFIRMED THE LEARNED JUDI CIAL MEMBERS DELETING CASH PAYMENT ADDITION OF RS.5,52,200/- MADE TO M/S KISHORELAL MOTORS. WE THEREFORE ACCEPT INSTANT SUBSTANTIVE GROUND. 26. HONBLE THIRD MEMBERS ORDER HAS FURTHER CONFIR MED THE LEARNED JUDICIAL MEMBERS ORDER HOLDING THAT ONLY COMMISSION IS TO B E TAXED REGARDING ASSESSEES GROUND NO.1(B) AND 1(C) INVOLVING SEC.40 A(3) DISALLOWANCE OF RS.1,44,000/- AND RS.3,10,000/-. THE ASSESSING OFFI CER SHALL FINALISE COMPUTATION ACCORDINGLY. NEXT TWO ADDITIONS OF RS.1 ,85,735/- AND RS.27,890/- IN ASSESSMENT YEARS 1999-00 AND 2000-01; ON DECIDE D IN REVENUES FAVOUR GOING BY HONBLE THIRD MEMBERS FINDINGS AFFIRMING THEN IMPUGNED ADDITION. 27. WE NEXT FIND THAT THE EARLIER CO-ORDINATE BENCH HAD DELETED RS.60,000/- ADDITION FORMING GROUND NO.1(D) IN ASSESSEES PLEAD INGS. THIS GROUND IS ACCEPTED. THE ASSESSEES NEXT THREE SUBSTANTIVE GRO UNDS INVOLVING ADDITIONS ITA NO. 60,66,61,65, 63-64/GAU/2003 B.P.1.4.89 TO 8 .12.99 SMT. MAYA RANI DEY, SUBASH CH DEY & ASHISH KR. DEY PAGE 9 SUM OF RS.970/- (BALANCE IN GUWAHATI CO-OPERATIVE BANK), PEAK BALANCES OF RS.8,45,135/- AND RS.8L03,976/- (IN SHILLONG SBI BR ANCH) AND RS.5,000/- INVESTMENT IN BIRBHUM PLANTATION ARE ALLOWED, REJEC TED AND ALLOWED; RESPECTIVELY, AS PER HONBLE THIRD MEMBERS ORDER. 28. LASTLY COMES ASSESSEES ADDITIONAL GROUND CHALL ENGING DISALLOWANCE/ADDITION OF RS.6,99,570/- U/S 158BB(I) (D) FOR THE PERIOD FROM 01.04.1999 TO 08.12.1999. HONBLE THIRD MEMBER HAS ACCEPTED THIS GROUND FOR STATISTICAL PURPOSES AS PER LEARNED ACCOUNTANT MEMBERS OPINION. WE ALSO FOLLOW SUIT THEREFORE. THIS APPEAL ITA NO. 64/GAU/2 003 IS PARTLY ALLOWED. 29. TO SUM UP, REVENUES APPEAL(S) ITA NO.60, 61 & 63/GAU/2003 ARE PARTLY ALLOWED FOR STATISTICAL PURPOSES. THE FIRST ASSESSEES APPEAL ITA NO.66/GAU/2003 IS DISMISSED. THE SECOND AND THIRD A SSESSEES APPEAL ITA NO.64 & 65/GAU/2003 ARE PARTLY ALLOWED. ORDERED AC CORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT 12/ 07/2019 SD/- SD/- ( ) (&' ) ( A.L.SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) GUWAHATI, *DKP (- / 07 /201 9 / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE-SMT. MAYA RANI DEY L/R SUNIL CH. DEY, OL D MOTOR STAND ROAD, DHARMANAGAR-7992 50 TRIPURA/SRI SUBASH CH DEY OFFICE TILLA/ SRI ASHSISH KR. DEY OLD MOTOR STAND ROAD, DHARMANAGAR-799250 TRIPUR A 2. / /REVENUE-ACAIT, CIR-SILCHAR, AAYAKAR BHAWAN, PWD RD . SILCHAR-788001 CACHAR, ASSAM 3. 3 4 9 / CONCERNED CIT GUWAHATI 4. 4- / CIT (A) GUWAHATI 5. < ''3, 3, 9 / DR, ITAT, GUWAHATI 6. B / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY (ON TOUR) 3,