DCIT, Cir-1, Burdwan, Burdwan V. BIRENDRANATH SAMANTA, BURDWAN

MA 124/KOL/2023

• Counselvise Citation: [2024] 130 COUNSELVISE.COM (IT) 2556 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-03-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 20-12-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P.P. BARMAN; DR
• Section: 68

Judgement Text

| आयकर अपीलीय अिधकरण ᭠यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER M.A. No. 124/Kol/2023 A/o I.T.A. No. 227/Kol/2023 Assessment Year: 2015-16 Deputy Commissioner of Income Tax, Cirlce-1, Burdwan Vs Birendra Nath Samanta Anandapally, Sripally Burdwan - 713103 [PAN : AKAPS8240C] अपीलाथᱮ/ (Appellant) ᮧ᭜ यथᱮ/ (Respondent) Assessee by : None Revenue by : Shri P.P. Barman, Addl. CIT, Sr. D/R सुनवाई कᳱ तारीख/Date of Hearing : 23/02/2024 घोषणा कᳱ तारीख /Date of Pronouncement: 05/03/2024 आदेश/O R D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER : This miscellaneous application filed at the instance of the revenue is directed against the order of this Tribunal in ITA No. 227/Kol/2023, dt. 06/06/2023. 2. Through this miscellaneous application, the revenue has stated that this Tribunal ignored the fact reported in the assessment order observing that the assessee had filed complete addresses of the creditors even when factually only the name of the Village was given by the assessee and no address was mentioned. Reference has been made to para 21 of the impugned order and the ld. D/R submitted that there is an apparent mistake in the order of the ITAT under reference because 2 M.A. No. 124/Kol/2023 A/o I.T.A. No. 227/Kol/2023 Assessment Year: 2015-16 Birendra Nath Samanta incomplete address of the creditors has been adopted as the complete address. 2.1. None has appeared on behalf of the assessee. 3. We have heard the ld. D/R and perused the record placed before us. The revenue has raised the instant miscellaneous application stating that even though in the assessment order, the ld. Assessing Officer has mentioned that the assessee did not file complete addresses of the sundry creditors but this Tribunal has treated the transactions with the sundry creditors as genuine on the ground that assessee had filed complete addresses. We notice that the revenue has specifically referred to para 21 of the impugned order wherein this Tribunal after considering the facts of the case held that no addition u/s 68 of the Act was called for towards unsecured sundry creditors. While coming to this conclusion, this Tribunal has examined the facts in detail as well as the surrounding circumstances including the steep increase in the purchase and sale of sundry creditors and debtors and the payment to the sundry creditors in the subsequent years and the funds were liquidated from the sundry debtors. While arriving at this conclusion, this Tribunal has also observed that the assessee filed complete details of the sundry creditors with the names of the villages. Since the assessee was engaged in the business of trading in rice and purchases were made mostly from the farmers, even the name of the village is sufficient as address. Under these given facts and circumstances, since the finding of 3 M.A. No. 124/Kol/2023 A/o I.T.A. No. 227/Kol/2023 Assessment Year: 2015-16 Birendra Nath Samanta the Tribunal has been arrived after considering the facts and circumstances of the case and no apparent mistake has been pointed out in the impugned order, we dismiss this miscellaneous application filed by the revenue. 4. In the result, miscellaneous application of the revenue is dismissed. Order pronounced in the Court on 5 th March, 2024 at Kolkata. Sd/- Sd/- (SANJAY GARG) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated 05/03/2024 *SC SrPs आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent 3. संबंिधत आयकर आयुᲦ / Concerned Pr. CIT 4. आयकर आयुᲦ)अपील (/ The CIT(A)- 5. िवभागीय ᮧितिनिध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाडᭅ फाई/ Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Kolkata