Jitendra Singh Dhillon, Paschim Medinipur V. ITO, Ward - 2(1), Midnapore,

MA 38/KOL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8179 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-05-2012
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 26-03-2012
• Court: TRIBUNAL
• Department Lawyers: S P LAHIRI
• Assessee Lawyers: GOUTAM GHOSH
• Keywords: Unexplained investment

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH A, KOLKATA () BEFORE , , , , . .. . . .. . , ,, , SHRI C.D.RAO, ACCOUNTANT MEMBER ! ! ! ! /AND ''# $% ''# $% ''# $% ''# $%, , , , & & & & SHRI GEORGE MATHAN, JUDICIAL MEMBER !' !' !' !' / M.A.NO.38/KOL/2012 A/O ITA NO . 291/KOL/2010 &%( )*/ ASSESSMENT YEAR : 2005-06 ($, / APPELLANT ) JITENDRA SINGH DHILLON, PASCHIM MIDNAPORE (PAN: ADJPD 3460 D) - % - - VERSUS - . (./$,/ RESPONDENT ) I.T.O., WARD-2(1), MIDNAPORE. $, 0 1 / FOR THE APPELLANT: SHRI GOUTAM GHOSH ./$, 0 1 / FOR THE RESPONDENT: SHRI S.P.LAHIRI 2%3 0 /DATE OF HEARING : 18.05.2012 4) 0 /DATE OF PRONOUNCEMENT : 18.05.2012. 5 / ORDER ( (( ( . .. . . .. . ) )) ), , , , PER SHRI C.D.RAO, AM THE ABOVE MISCELLANEOUS APPLICATION HAS BEEN FILED BY ASSESSEE TO RECALL THE ORDER OF TRIBUNAL DATED 20.08.2010 VIDE ITA NO.291/ KOL/2010 PERTAINING TO A.YR. 2005-06. 2. BY THIS MISCELLANEOUS APPLICATION ASSESSEE WANTS TO RECALL THE ORDER OF TRIBUNAL DATED 20.08.2010 BY STATING THAT 1. THAT THE HONBLE INCOME TAX APPELLATE TRIBUNAL PASSED THE ORDER ON 20.08.2010 SETTING ASIDE TO THE FILE OF THE ASSESSING OFFICER TO VERIFY THE AUTHENTICITY OF THE AFFIDAVITS AND DOCUMENTS FILED BEFORE THE TRIBUNAL AND DECIDE THE SAME AFRESH IN CONNECTION WITH THE UNSECURED LOANS FOR RS.2.00 LAC . 2. ASSESSEE MADE AN INVESTMENT OF RS.3,50,000/- TOW ARDS PURCHASE OF TRUCK AND MACHINE OUT OF WITHDRAWALS FROM BANK ACCOUNT. THE A SSESSING OFFICER MADE THE ADDITION AS UNEXPLAINED INVESTMENT. ASSESSEE CONTEN DED THAT THE ACTION OF THE REVENUE IS 2 NOT JUSTIFIED AND RELIED ON THE ORDER OF THE SMC BE NCH OF ITAT, KOLKATA IN ITA NO.1035/KOL/07 DATED 07.09.07. 3. THAT THE LD. HONBLE APPELLATE TRIBUNAL HAD CONS IDERED THE CONTENTION OF ASSESSEE AND DID NOT SET ASIDE ON THIS POINT. ALSO NO SPECIF IC ORDER WAS PASSED ON THIS POINT. 3. ON THE OTHER HAND, THE LD. DR APPEARING ON BEHAL F OF THE REVENUE DID NOT RAISE ANY OBJECTION TO THE SAID REQUEST OF THE LD. COUNSE L FOR ASSESSEE. 4. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CAREF UL PERUSAL OF THE GROUNDS ATTACHED TO THE MEMORANDUM OF APPEAL IN FORM NO.36, THE TRIBUNAL HAS DECIDED THE ISSUE RELATING TO INVESTMENT OF RS.2 LACS FROM UNSE CURED LOAN. WE FURTHER FIND THAT THIS TRIBUNAL HAS NOT GIVEN ANY SPECIFIC DIRECTIONS IN R ESPECT OF THE INVESTMENT OF RS.3,50,000/- TOWARDS PURCHASE OF TRUCKS AND MACHIN E OUT OF WITHDRAWAL FROM BANK ACCOUNTS. THEREFORE, WE CONSIDER IT FIT TO RECALL O UR ORDER DATED 20.08.2010 FOR A SPECIFIC PURPOSE OF DECIDING THIS ISSUE RAISED IN G ROUND NO.3 AND 4. WE HEARD THE MAIN APPEAL SIMULTANEOUSLY ALONG WITH THE MISCELLAN EOUS APPLICATION 5. IN THE RESULT THE MISCELLANEOUS APPLICATION OF A SSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.05.2012. SD/- SD/- ''# $% ''# $% ''# $% ''# $%, , , , & & & & GEORGE MATHAN, JUDICIAL MEMBER . .. . . .. . , , , , , C.D.RAO, ACCOUNTANT MEMBER. ( (( ( ) )) ) DATE: 18/21.05.2012. 5 0 .&&6 76)8- COPY OF THE ORDER FORWARDED TO: 1. JITENDRA SINGH DHILLON, AT & PO NIMPURA, KAHRAGPUR, PASCHIM MIDNAPORE-721 304. 2 I.T.O., WARD-2(1), MIDNAPORE. 3. THE CIT-I, KOLKATA, 4. TH E CIT(A)-XXXVI, KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA /6 .&/ TRUE COPY, 5%2/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES R.G.(.P.S.) 3