Mahavir Jhanwar, Kolkata V. ITO, Ward - 35(4) , Kolkata

MA 48/KOL/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4838 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 28-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Section: 69C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE AM] M.A. NO. 48/KOL/2019 (A/O. ITA NO. 2474/KOL/2018) ASSESSMENT YEAR: 2014-15 MAHAVIR JHANWAR........................................................................................APPELLANT C/O JHANWAR & CO. 566, MARSHALL HOUSE 25, STRAND ROAD KOLKATA -1 [PAN: ACRPR 1408 A] VS. INCOME TAX OFFICER, WARD-35(4), KOLKATA.........................................RESPONDENT APPEARANCES BY: NONE APPEARED ON BEHALF OF THE ASSESSEE. SHRI C.J. SINGH, JCIT SR. D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MAY 17 TH , 2019 DATE OF PRONOUNCING THE ORDER : MAY 31 ST , 2019 ORDER PER J. SUDHAKAR REDDY, AM:- BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE STATES THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DT. 01/02/2019, AS THE TRIBUNAL FAILED TO ADJUDICATE THE FOLLOWING GROUNDS:- (G) THAT ADDITIONS OF UNDISCLOSED EXPENDITURE ON COMMISSION @5% ON ASSESSED BOGUS SHARE SALE VALUE U/S. 69C BE KINDLY DELETED BEING PURELY ARBITRARY IN NATURE AND PURELY BASED ON UNRELATED REPORT OF THE INVESTIGATION DIRECTORATE, KOLKATA. (H) THAT DEDUCTION U/S. 80D BE KINDLY ALLOWED. 2. NONE APPEARED ON BEHALF OF THE DESPITE ISSUAL OF NOTICE BY RPAD. UNDER THESE CIRCUMSTANCES, WE DISPOSE OF THIS MISCELLANEOUS APPLICATION EX PARTE QUA THE ASSESSEE, AFTER HEARING THE LD. D/R. 3. HEARD THE LD. D/R. IT IS TRUE THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL AS THE TRIBUNAL FAILED TO DISPOSE OFF TWO GROUNDS RAISED BY THE ASSESSEE AS STATED ABOVE. HENCE, WE RECTIFY OUR ORDER AS FOLLOWS:- 2 M.A. NO. 48/KOL/2019 (A/O. ITA NO. 2474/KOL/2018) ASSESSMENT YEAR: 2014-15 MAHAVIR JHANWAR 4. GROUND (G) IS ALLOWED IN VIEW OF OUR DECISION ON GROUND (A) TO (F), WHICH WERE ADJUDICATED IN FAVOUR OF THE ASSESSEE IN THE IMPUGNED ORDER DT. 01/02/2019. GROUND (G) IS A CONSEQUENTIAL GROUND TO OUR DECISION WHILE DISPOSING OFF GROUND (A) TO (F). 5. GROUND (H) IS RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW, AS IT INVOLVES VERIFICATION OF THE CLAIMS OF THE ASSESSEE. 6. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 31 ST DAY OF MAY, 2019. SD/- [ J. SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED : 31.05.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. MAHAVIR JHANWAR C/O JHANWAR & CO. 566, MARSHALL HOUSE 25, STRAND ROAD KOLKATA -1 2. INCOME TAX OFFICER, WARD-35(4), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES