M/s BHAGWAN SAHAY SHARMA, Durgapur v. I.T.O, Ward-1(4), DURGAPUR, Durgapur

ITA 2089/KOL/2013 | 2009-2010
Pronouncement Date: 28-11-2014

Appeal Details

RSA Number 208923514 RSA 2013
Assessee PAN AAFFB7756B
Bench Kolkata
Appeal Number ITA 2089/KOL/2013
Duration Of Justice 1 year(s) 4 month(s) 18 day(s)
Appellant M/s BHAGWAN SAHAY SHARMA, Durgapur
Respondent I.T.O, Ward-1(4), DURGAPUR, Durgapur
Appeal Type Income Tax Appeal
Pronouncement Date 28-11-2014
Appeal Filed By Assessee
Bench Allotted SMC
Tribunal Order Date 28-11-2014
Assessment Year 2009-2010
Appeal Filed On 10-07-2013
Judgment Text
SM C IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: KOLKATA ( ) BEFORE ) [BEFORE SHRI MAHAVIR SINGH JM] / I.T.A NO. 2089 /KOL/20 1 3 / ASSESSMENT YEAR : 20 0 9 - 1 0 M/S. BHAGWAN SAHAY SHARMA VS. INCOME - TAX OFFICER WD - 1 ( 4 ) DURGAPUR (PAN:A AFFB7756B ) ( /APPELLANT ) ( / RESPONDENT ) DATE OF HEARING: 2 6 . 11 .201 4 DATE OF PRONOUNCEMENT: 28 . 1 1 .201 4 FOR THE APPELLANT : SHRI P. K. ROY ADVOCATE FOR THE RESPONDENT : SHRI K. K. TRIPATHI JCIT SR. DR / ORDER THIS APPEAL BY ASSESSEE IS ARI SING OUT OF ORDER OF CIT(A) - DURGAPUR IN APPEAL NO. 165 /CIT(A) /DGP/2011 - 12 DATED 3 0 . 0 4 .201 3 . ASSESSMENT WAS FRAMED BY ITO WARD - 1 ( 4 ) DURGAPUR U/S. 143(3) OF THE INCOME - TAX ACT 1961 (HEREINAFTER REFERRED TO AS THE ACT ) FOR ASSESSMENT YEAR 200 9 - 1 0 VIDE HIS ORDER DATED 29 .1 1 .20 11 . 2 . THE RE ARE TWO ISSUES IN THIS APPEAL I.E. (I) ADDITION OF RS.1 62 000/ - BEING THE AMOUNT OF OUTSTANDING CLOSING BALANCE OF ASSESSEE IN THE BOOKS OF ACCOUNT OF SUNSTAR OVERSEAS LTD. AS ON 31.03.2009 NOT MATCHED WITH THE ACCOUNTS OF THE ASSESSEE; (II) ANOTHER ADDIT ION OF RS.55 770/ - RICE SOLD RECEIVED BACK FROM BIG BAZAR. 3. AT THE OUTSET LD. COUNSEL FOR THE ASSESSEE DREW OUR ATTENTION TO ASSESSEE S PAPER BOOK PAGE 2 WHEREBY A CONFIRMATION FROM JAY NARAYAN TRADERS PVT. LTD. DATED 18.11.2011 AND ALSO ANOTHER EVID ENCE OF GOODS RETURNED BY PANTALOON RETAILS (INDIA) LTD. FOR AN AMOUNT OF RS.55 770/ - WAS FILED. LD. SR. DR OBJECTED THAT THESE ARE ADDITIONAL EVIDENCE. WHEN THIS WAS POINTED OUT TO LD. COUNSEL FOR THE ASSESSEE HE FAIRLY CONCEDED THAT THESE ARE ADDITION AL EVIDENCE AND NOT PRODUCED BEFORE THE CIT(A) FOR THE REASON THAT THIS COULD NOT BE OBTAINED IN DUE TIME. AS THESE ARE ADDITIONAL EVIDENCE I ADMIT THIS AND REMAND THE MATTER BACK TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION ON BOTH THE ISSUES. THE ASSE SSEE WILL COOPERATE WITH THE CIT(A) AND WILL FILE COMPLETE DETAILS INCLUDING RECONCILIATION TO 2 ITA NO.2 0 8 9 /K/2013 M/S. BHAGWAN SAHAY SHARMA AY 200 9 - 1 0 PROVE ITS CASE. IN TERM OF THE ABOVE THESE TWO ISSUES ARE SET ASIDE TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION. THE APPEAL OF ASSESSEE IS ALLOWED FOR STATIS TICAL PURPOSES. 4 . IN THE RESULT APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 5 . ORDER IS PRONOUNCED IN THE OPEN COURT ON 2 8 . 1 1 . 2 0 1 4 S D / - (MAHAVIR SINGH) JUDICIAL MEMBER DATED : 2 8 T H NOVEMBER 201 4 JD.(SR.P.S.) - COPY OF THE ORDER FORWARDED TO: 1 . / A PPELLANT M/S. BHAGWAN SAHAY SHARMA KADA ROAD G. T. ROAD DURGAPUR - 713203 DIST. BURDWAN WB 2 / RESPONDENT ITO WARD - 1 ( 4 ) DURGAPUR . 3 . ( )/ THE CIT(A) DURGAPUR 4. 5. / CIT DURGAPUR / DR KOLKATA BENCHES KOLKATA / TRUE COPY / BY ORDER /ASSTT. REGISTRAR .