Shri Sachin Kumar Singh, Kolkata V. ITO, Ward - 48(3), Kolkata , Kolkata

MA 79/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4942 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 01-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE AM & SHRI S.S. GODARA, HONBLE JM] M.A. NO. 79/KOL/2019 (A/O. ITA NO. 1734/KOL/2017) ASSESSMENT YEAR: 2012-13 SACHIN KUMAR SINGH..............................................................APPELLANT C/O RAJESH MOHAN & ASSOCIATES UNIT NO. 18 5 TH FLOOR BAGATI HOUSE 34, GANESH CHANDRA AVENUE KOLKATA 700 013 [PAN: BGXPS 9231 H] VS. INCOME TAX OFFICER, WARD-48(3), KOLKATA......................................RESPONDENT APPEARANCES BY: SHRI SUNIL SHARMA, FCA APPEARING ON BEHALF OF THE ASSESSEE. SHRI RANU BISWAS, ADDL. CIT (D/R) APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : AUGUST 9 TH , 2019 DATE OF PRONOUNCING THE ORDER : AUGUST 14 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL DT. 15 TH MARCH, 2019, IN PARA 6 OF THE ORDER, WHEREIN THE TRIBUNAL FOLLOWED THE DECISION OF THIS BENCH OF THE TRIBUNAL IN THE CASE OF JASWANT SINGH VS. ITO IN ITA NO. 1775/KOL/2016; ASSESSMENT YEAR 2010-11, BUT PERCENTAGE OF COMMISSION WAS WRONGLY TYPED AS 0.5% INSTEAD OF 0.1% AS WAS THE PERCENTAGE IN THE CASE OF JASWANT SINGH (SUPRA). HE PRAYED THAT THE TYPOGRAPHICAL ERROR MAY BE RECTIFIED. 2. THE LD. D/R, ON THE OTHER HAND, SUBMITTED THAT FOLLOWING THE PROPOSITION OF LAW IN THE CASE OF JASWANT SINGH (SUPRA) NEED NOT NECESSARILY MEAN ESTIMATING THE INCOME AT THE SAME RATE AS WHAT THE BENCH HAD ESTIMATED IN THE CASE OF JASWANT SINGH (SUPRA) . SHE SUBMITTED THAT THIS IS NOT A MISTAKE APPARENT ON RECORD. 3. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THIS BENCH HAD FOLLOWED THE ORDER OF THE CO-ORDINATE BENCH OF THE TRIBUNAL IN THE CASE OF JASWANT SINGH (SUPRA) AND GRANTED RELIEF TO THE ASSESSEE. IN THAT CASE, THE BENCH HELD AS FOLLOWS:- SO TAKING INTO CONSIDERATION THE OVERALL FACTS AND CIRCUMSTANCES OF THE CASE, FOR THE INTEREST OF JUSTICE AND FAIR-PLAY, WE ARE INCLINED TO DELETE THE ADDITION AS ORDERED BY THE AO/LD. CIT(A). HOWEVER, THE ASSESSEE'S BANK ACCOUNT SINCE USED FOR DEPOSIT AND TRANSFER OF CASH IS AN ACTIVITY FOR WHICH A COMMISSION OF 0.1% NEEDS TO BE COMPUTED AS THE INCOME OF THE ASSESSEE AND THE INCOME ON WHICH THE ASSESSEE HAS TO BE ASSESSED TO TAX. WITH THE AFORESAID DIRECTION, WE PARTIALLY ALLOW THE APPEAL OF THE ASSESSEE. 2 M.A. NO. 79/KOL/2019 (A/O. ITA NO. 1734/KOL/2017) ASSESSMENT YEAR: 2012-13 SACHIN KUMAR SINGH 3.1. AS WE HAD FOLLOWED THE DECISION OF THE CO-ORDINATE BENCH ON THIS ISSUE, THE COMMISSION SHOULD HAVE BEEN ESTIMATED AT 0.1%. THUS, THERE IS A TYPOGRAPHICAL MISTAKE THAT HAS CREPT INTO THE ORDER OF THE TRIBUNAL AND THIS IS APPARENT ON RECORD. THUS, WE RECTIFY THE ORDER AS FOLLOWS:- 6. THE ASSESSEE HAS RELIED ON THE ORDER OF THIS BENCH IN THE CASE OF JASWANT SINGH (SUPRA).KEEPING IN VIEW THE PRECEDENTS SET BY THIS BENCH OF THE TRIBUNAL IN THE CASE OF JASWANT SINGH (SUPRA), AND THE FACTS AND CIRCUMSTANCES OF THE CASE WE DIRECT THE ASSESSING OFFICER TO ESTIMATE THE INCOME AT 0.1% OF THE DEPOSITS AS IN OUR VIEW, THIS WOULD MEET THE ENDS OF JUSTICE. THE ASSESSING OFFICER IS DIRECTED TO ESTIMATE THE INCOME IN QUESTION AT THE RATE OF 0.1% OF THE DEPOSITS. 4. IN THE RESULT, THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 14 TH DAY OF AUGUST, 2019. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 14.08.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. SACHIN KUMAR SINGH C/O RAJESH MOHAN & ASSOCIATES UNIT NO. 18 5 TH FLOOR BAGATI HOUSE 34, GANESH CHANDRA AVENUE KOLKATA 700 013 2. INCOME TAX OFFICER, WARD-48(3), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES