Dr Suman Sarkar, Howrah V. I.T.O Wd - 22(1),kolkata, Kolkata

MA 41/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9876 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-06-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 21-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: R T YADAV
• Keywords: Unexplained cash credit
• Section: 254(2); 13; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SHRI S.S. GODARA, HONBLE JUDICIAL MEMBER] M.A. NO. 41/KOL/2020 I.T.A. NO.953/KOL/2019 ASSESSMENT YEAR: 2008-09 DR. SUMAR SARKAR.............................................................................APPELLANT AMTA NATUN RASTA BAGNAN MORE HOWRAH 711 401 [PAN : APSPS 1122 A] VS. INCOME TAX OFFICER, WARD-22(1), KOLKATA.....................................................................RESPONDENT APPEARANCES BY: SHRI R.T. YADAV, FCA, APPEARING ON BEHALF OF THE ASSESSEE SHRI SUPRIYO PAL, JCIT, D/R, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MARCH 13 TH , 2020 DATE OF PRONOUNCING THE ORDER : JUNE 26 TH , 2020 O R D E R PER S.S. GODARA, JM :- THIS ASSESSEES MISCELLANEOUS APPLICATION FILED U/S 254(2) OF THE INCOME TAX ACT, 1961 SEEKS TO MODIFY/RECTIFY THE TRIBUNALS ORDER DT. 15/11/2019, PARTLY ALLOWING THE MAIN APPEAL IN ITA NO. 953/KOL/2019. HEARD BOTH SIDES. CASE FILE PERUSED. 3. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE IS THAT THE TRIBUNAL ORDER HAS WRONGLY INCORPORATED FIGURE OF RS.1,60,000/- THAN THE CORRECT ONE OF RS. 1,55,000/- REGARDING THE SOLE ISSUE OF UNEXPLAINED CASH CREDIT U/S 68 OF THE ACT. CASE FILE SUGGESTS THAT THE TRIBUNALS FIRST ROUND ORDER DT. 03/06/2016 HAD CONFIRMED BOTH THE LOWER AUTHORITIES ACTION ADDING UNEXPLAINED CASH CREDITS OF RS.3,15,000/- TO THE EXTENT OF RS.1,55,000/- AND RESTORED THE BALANCE SUM OF RS.1,60,000/- BACK TO THE ASSESSING OFFICER WHICH HAS NOW COME UP FOR CONSIDERATION IN THE INSTANT SECOND APPELLATE PROCEEDINGS. I FIND NO MERIT IN ASSESSEES GRIEVANCE SEEKING TO INCORPORATE THE ALLEGED CORRECT FIGURE OF RS.1,55,000/- IN PLACE OF RS.1,60,000/- TAKEN IN IMPUGNED ORDER DT. 15/11/ 2019. 4. BEFORE PARTING, IT IS NOTED THAT THE ORDER IS BEING PRONOUNCED AFTER NINETY (90) DAYS OF HEARING. HOWEVER, TAKING NOTE OF THE EXTRAORDINARY SITUATION IN THE LIGHT OF THE COVID-19 PANDEMIC AND LOCKDOWN, THE PERIOD OF LOCKDOWN DAYS NEED TO BE EXCLUDED. FOR COMING TO SUCH A CONCLUSION, I RELY UPON THE DECISION OF THE CO-ORDINATE BENCH OF 2 M.A. NO. 41/KOL/2020 I.T.A. NO.953/KOL/2019 ASSESSMENT YEAR: 2008-09 DR. SUMAR SARKAR THE MUMBAI TRIBUNAL IN THE CASE OF DCIT VS. JSW LIMITED IN ITA NO. 6264/MUM/2018 & 6103/MUM/2018, ASSESSMENT YEAR 2013-14, ORDER DT. 14 TH MAY, 2020. 5. THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISMISSED. KOLKATA, THE 26 TH DAY OF JUNE, 2020. SD/- [ S.S. GODARA ] JUDICIAL MEMBER DATED : 26.06.2020 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. DR. SUMAR SARKAR AMTA NATUN RASTA BAGNAN MORE HOWRAH 711 401 2. INCOME TAX OFFICER, WARD-22(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES