Ranajit Bhakat, Burdwan v. ITO, Ward - 1(1), Burdwan, Burdwan

ITA 1456/KOL/2008 | 2002-2003
Pronouncement Date: 09-04-2010

Appeal Details

RSA Number 145623514 RSA 2008
Assessee PAN AGGPB5761K
Bench Kolkata
Appeal Number ITA 1456/KOL/2008
Duration Of Justice 1 year(s) 8 month(s) 11 day(s)
Appellant Ranajit Bhakat, Burdwan
Respondent ITO, Ward - 1(1), Burdwan, Burdwan
Appeal Type Income Tax Appeal
Pronouncement Date 09-04-2010
Appeal Filed By Assessee
Bench Allotted C
Tribunal Order Date 09-04-2010
Assessment Year 2002-2003
Appeal Filed On 29-07-2008
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL 'C BENCH : KOLKATA (BEFORE HONBLE SRI D.K.TYAGI J.M. AND HONBLE S RI B.C.MEENA A.M.) I .T.A. NO. 1456/KOL/2008 ASSESSMENT YEAR : 2002-2003 RANAJIT BHAKAT VS. ITO WARD -1(1) BURDWAN (PAN NO AGGPB 5761 K) (APPELLANT) (RESPONDENT) APPELLANT BY : SR I K.P.GHOSH. RESPONDENT BY : SRI K.K.TRIPATHI. O R D E R PER SHRI B.C.MEENA A.M. THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER OF THE CIT(A) ASANSOL DATED 31.03.2008 FOR THE ASSESSMENT YEAR 2002-03. 2. GROUNDS OF APPEAL RAISED ARE AS UNDER : 1. FOR THAT THE LD. ITO AS WELL AS THE LD. CIT (A) ASANSOL HAVE ERRED BOTH IN POINTS OF LAW AND IN FACTS WHILE PAS SING THEIR ORDERS FOR THE YEAR IN DISPUTE. 2. FOR THAT LD. COMMISSIONER (APPEAL) IS NOT JUS TIFIED IN CONFIRMING THE ORDER OF THE LD. ITO HOLDING THAT THE SUM OF RS.70 663/- (ACCUMULATION OF CAPITAL) WAS ASSESSABLE AS INCOM E FROM UNEXPLAINED INVESTMENT U/S 69. 3. FOR THAT THE LD. COMMISSIONER (APPEAL) WAS WRONG IN MAKING THE ORDER UNDER THE HEAD ADDITION OF RS.6 000/- ON A CCOUNT OF LOAN U/S 69C INSTEAD OF DISALLOWANCE MADE BY LD. ITO O N ACCOUNT OF RENT. 4. FOR THAT ON THE APPELLANT RESERVES THE RIGH T TO ADDUCE ANY FURTHER GROUND OR GROUNDS IF NECESSARY AT OR BE FORE THE HEARING OF THE APPEAL. 3. WHILE PLEADING ON BEHALF OF THE ASSESSEE THE LEARNED A.R. SUBMITTED THAT THE A.O. HAS IGNORED THE FACT THA T INITIAL CAPITAL WAS CARRIED FORWARD FROM THE EARLIER YEARS. THEREFORE THIS ADDITION OF RS.70 663 ON ACCOUNT OF UNEXPLAINED INVESTMENT U/ S 69 OF THE INCOME TAX 2 ACT WAS UNJUSTIFIED. HE PLEADED THAT THE CIT(A) H AS NOT CONSIDERED THE CARRY FORWARD OF THE CAPITAL ACCOUNT. SIMILARLY HE PLEADED THAT THE ASSESSEE HAS PAID RENT OF RS.6000. THE A.O. WAS NOT JUSTIFIED IN MAKING THE ADDITION HOLDING THAT THE ASSESSEE HAS COLLECT ED RS.6000 FROM SHRI KAMALI PRASAD BHAGAT PROPRIETOR BINOY KUMAR BHAG AT HATTALA BOLPUR AND THE CIT(A) HAS CONFIRMED THE ADDITION BY HOLDING THE LOAN U/S 69C WHICH IS ALSO COMPLETELY UNJUSTIFIED AND UNWARRANTED AND HE VEHEMENTLY SUBMITTED THAT THE ISSUES MAY BE RESTORED TO THE FILE OF THE A.O. FOR DECIDING AFRESH AND AFTER CONSIDERING THE SUBMISSION OF THE DOCUMENTS THE LEARNED D.R. WAS ALSO NOT HAVING SERIOUS OBJECTION ON T HIS PROPOSITION. 4. AFTER HEARING BOTH THE SIDES AND CONSIDERING AL L THE FACTS OF THE CASE WE FIND THAT THE CAPITAL ACCOUNT SUBMITTED BY THE ASSESSEE HAS NOT BEEN CONSIDERED BY THE AUTHORITIES BELOW. SIMILARLY TH E RENT PAID BY THE ASSESSEE HAS BEEN MENTIONED BY THE A.O. AS AMOUNT COLLECTED BY THE ASSESSEE. THUS THE CIT(A) HAS ALSO CONFIRMED THE ADDITION BY HOLDING THAT IT IS A LOAN U/S 69C OF THE INCOME TAX ACT. THUS T HE FACTS ARE NOT CLEAR FROM THE RECORD. THE ISSUES REQUIRE RECONSIDERATI ON AT THE LEVEL OF THE A.O. AFTER PROVIDING PROPER OPPORTUNITY TO THE ASSE SSEE AND ALSO TO APPRISE THE CORRECT FACTS OF THE CASE. IN VIEW OF THIS MAT TER WE RESTORE THE ISSUES TO THE FILE OF THE A.O. WITH A DIRECTION TO DECIDE DE NOVO. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 09.04.2010 SD/- SD/- (D.K.TYAGI) (B.C.MEENA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 09.04.2010 3 COPY FORWARDED TO :- 1) ITO WARD 1(1) BURDWAN. 2) RANAJIT BHAKAT VIVEKANANDA COLLEGE MORE 62 SA DARGHAT ROAD P.O. SRIPALLY DIST. BURDWAN. 3) CIT(A) ASANSOL. 4) CIT ASANSOL 5) D.R. ITAT KOLKATA. (TRUE COPY) BY OR DER ASSISTANT REGISTRAR BCD I.T.AT. KOLKATA.