Sri Asish Kumar Ghosh , Howrah V. DCIT, Circle - 1(1), Kolkata

MA 224/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0733 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 22-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAUL
• Keywords: Unexplained cash credit; Revised return
• Section: 254(2); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENCH KOLKATA BEFORE SHRI S. S. GODARA, JM & DR. A. L. SAINI, AM M. A. NO.224/KOL/2019 (ARISING OUT OF ITA NO.1164 /KOL/2019) ASSESSMENT YEAR: 2014-15 SHRI ASISH KUMAR GHOSH 124/9, MAHENDRA BHATTACHARYA ROAD, HOWRAH-711104. VS. DCIT, CIRCLE-1(1), KOLKATA. /. /.PAN/GIR NO.: ADPPG0795E (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI SOUMITRA CHOUDHURY, ADVOCATE RESPONDENT BY : SHRI SUPRIYO PAUL, JCIT /DATE OF HEARING : 13/12/2019 /DATE OF PRONOUNCEMENT : 23/12/2019 / O R D E R PER S.S. GODARA, ACCOUNTANT MEMBER THIS ASSESSEE'S MISCELLANEOUS APPLICATION FILED U/S 254(2) OF THE INCOME TAX ACT; IN SHORT 'THE ACT' SEEKS CLARIFICATION OF OUR ORDER DATED 02.08.2019 DELETING SECTION 68 ADDITION OF UNEXPLAINED CASH CREDITS AMOUNTING TO RS.112,12,338/- MADE IN BOTH THE LOWER PROCEEDINGS. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE ASSESSING OFFICERS CONSEQUENTIAL COMPUTATION HAS GRANTED RELIEF OF RS.23,72,470/- ONLY. THE REVENUE IS FAIR ENOUGH IN NOT DISPUTING THIS CLINCHING FACTUAL POSITION. ITS ONLY CASE IS THAT THE BALANCE SUM OF RS.88,39,868/- PERTAINS TO REVISED RETURN ONLY. WE SEE NO REASON TO ACCEPT THE INSTANT PLEA RAISED AT THE DEPARTMENTS BEHEST 2 M. A. NO.224/KOL/2019 SHRI ASISH KUMAR GHOSH SINCE OUR ORDER HAS ALREADY DEALT WITH/DELETED THE ENTIRE ADDITION OF RS.112,12,338/-. THE ASSESSING AUTHORITY IS ACCORDINGLY DIRECTED TO FINALISE CONSEQUENTIAL COMPUTATION. 3. THIS ASSESSEES MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/12/2019. SD/- SD/- (A. L. SAINI) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:23/12/2019 RAJIB, SR. PS COPY OF ORDER FORWARDED TO: 1. SHRI ASISH KUMAR GHOSH 2. DCIT, CIRCLE-1(1), KOLKATA 3. THE CIT(A) 4. THE CIT 5. DR 6. GUARD FILE TRUE COPY, BY ORDER, ASSISTANT REGISTRAR ITAT, KOLKATA