ITO,Ward-36(2), Kolkata, Kolkata V. Subhash Kr. Kheria, Kolkata

MA 65/KOL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8741 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2012
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 28-05-2012
• Court: TRIBUNAL
• Keywords: Unexplained investment; Corroborative evidences

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA () BEFORE , ! ! ! ! /AND ' !' ' !' ' !' ' !' , ) [BEFORE SHRI PRAMOD KUMAR, AM & SHRI MAHAVIR SINGH, JM] # # $ # # $ # # $ # # $ !% !% !% !% /M. A. NO. 65/KOL/2012 IN !% !% !% !% /IN I.T.A NO. 1062/KOL/2011 $& '( $& '( $& '( $& '(/ // / ASSESSMENT YEAR: 2008-09 INCOME-TAX OFFICER, WD-36(2), KOLKATA. VS. SUBHAS H KUMAR KHERIA (PAN: AFAPK1161R) ( /APPLICANT ) (*+,/ RESPONDENT ) DATE OF HEARING : 20.07.2012 DATE OF PRONOUNCEMENT: 20.07.2012 - . /FOR THE APPLICANT: SHRI ASHOK KR. DEY *+, - . /FOR THE RESPONDENT: SHRI S. M. SURANA / / ORDER PER MAHAVIR SINGH, JM/ ' !' ' !' ' !' ' !' , : BY WAY OF THIS MISC. APPLICATION DATED 23.08.2012 T HE REVENUE HAS RAISED THE ISSUE AS UNDER: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN IGNORING THE SHORTCOMINGS HIGHLIGHTED BY THE A.O. REGARDING ANOM ALY IN G.P. RATE SHOWN BY THE ASSESSEE. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN IGNORING THE DIFFERENT STAND TAKEN BY ASSESSEE IN ASSESSMENT AND APPELLATE STAGE WITHOUT ANY SUPPORTING EVIDENCE. AND TRIBUNAL HAS NOTED THIS FACT IN PARA 2 OF ITS O RDER AS UNDER : 2. THE ONLY ISSUE IN THIS APPEAL OF REVENUE IS AGA INST THE ORDER OF CIT(A) DELETING THE ADDITION OF G.P. RATE. FOR THIS, REVENUE HAS RAISE D FOLLOWING TWO GROUNDS: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN IGNORING THE SHORTCOMINGS HIGHLIGHTED BY THE A.O. REGARDING ANOM ALY IN G.P. RATE SHOWN BY THE ASSESSEE. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN IGNORING THE DIFFERENT STAND TAKEN BY ASSESSEE IN ASSESSMENT AND APPELLATE STAGE WITHOUT ANY SUPPORTING EVIDENCES. 2. WHEN A QUERY WAS PUT TO LD. SR. DR SHRI ASHOK KU MAR DEY, HE COULD NOT PRODUCE BEFORE US ANY GROUND REGARDING SO CALLED SECOND ISS UE RELATING TO UNEXPLAINED INVESTMENT. WE HAVE GONE THROUGH THE GROUNDS RAISED BEFORE US AFRE SH AND FOUND THAT THERE IS NO ISSUE REGARDING THE UNEXPLAINED INVESTMENT, AS CLAIMED TO HAVE BEEN RAISED BY REVENUE, BEFORE US. IN 2 MA NO. 65/K/2012 SUBHASH KUMAR KHERIA A. Y 2008-09 SUCH CIRCUMSTANCES, WE ARE OF THE VIEW THAT ONCE TH ERE IS NO ISSUE BEFORE US HOW WE CAN ADJUDICATE. HENCE, WE FIND NO MERITS IN THE MISC. A PPLICATION FILED BY REVENUE AND THE SAME IS DISMISSED. 3. IN THE RESULT, THE REVENUES MISC. APPLICATION IS DISMISSED. 4. ORDER IS PRONOUNCED IN THE OPEN COURT . SD/- SD/- , ' !' ' !' ' !' ' !' , (PRAMOD KUMAR) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ( 0 0 0 0) )) ) DATED :20TH JULY, 2012 12 $34 5 JD.(SR.P.S.) / - # 6#'7- COPY OF THE ORDER FORWARDED TO: 1 . /APPLICANT : ITO, WARD-36(2), KOLKATA 2 *+, / RESPONDENT SHRI SUBHASH KUMAR KHERIA, 1 ST FLOOR, R. NO. 10, 23, N. S. ROAD, KOLKATA-700 001. 3 . /$ ( )/ THE CIT(A) , 4. CIT, 5 . >? $ / DR, KOLKATA BENCHES, KOLKATA *# / TRUE COPY, /$/ BY ORDER, ' !4 /ASSTT. REGISTRAR .