Hardeep Singh, Kolkata v. ACIT, Circle - 46, Kolkata, Kolkata

ITA 209/KOL/2010 | 2006-2007
Pronouncement Date: 16-11-2011

Appeal Details

RSA Number 20923514 RSA 2010
Assessee PAN AVGPS1255C
Bench Kolkata
Appeal Number ITA 209/KOL/2010
Duration Of Justice 1 year(s) 9 month(s) 14 day(s)
Appellant Hardeep Singh, Kolkata
Respondent ACIT, Circle - 46, Kolkata, Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 16-11-2011
Appeal Filed By Assessee
Bench Allotted B
Tribunal Order Date 16-11-2011
Date Of Final Hearing 21-04-2011
Next Hearing Date 21-04-2011
Assessment Year 2006-2007
Appeal Filed On 02-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BEN CH B KOLKATA () BEFORE SHRI MAHAVIR SINGH JUDICIAL MEMBER. /AND . .. .!' !'!' !'. .. . #$ SHRI C.D.RAO ACCOUNTANT MEMBER % % % % / ITA NO . 209/KOL/2010 &' ()/ ASSESSMENT YEAR : 2006-07 (+ / APPELLANT ) HARDEEP SINGH KOLKATA (PAN : AVGPS 1255 C) - & - - VERSUS - . (./+ / RESPONDENT ) A.C.I.T. CIRCLE-46 KOLKATA + 0 1 #/ FOR THE APPELLANT: S.C.BAID ./+ 0 1 #/ FOR THE RESPONDENT: SHRI B.D.HAZRA 2&3 0 '$ /DATE OF HEARING : 16.11.2011. 4( 0 '$ /DATE OF PRONOUNCEMENT : 16.11.2011. #5 / ORDER ( (( ( . .. .!' !'!' !'. .. . ) )) ) #$ PER SHRI C.D.RAO AM THIS APPEAL IS FILED BY ASSESSEE AGAINST THE ORDER DATED 27.11.2009 OF THE LD. CIT(A)-XXX KOLKATA PERTAINING TO A.YR. 2006-07. 2. THE ONLY ISSUE RAISED BY ASSESSEE IS RELATING T O ADDITION OF RS.25 00 000/- MADE U/S 68 OF THE IT ACT. 3. AT THE TIME OF HEARING BEFORE US THE LD. COUNSE L APPEARING ON BEHALF OF ASSESSEE SUBMITTED THAT THE MAIN OBJECTION OF THE REVENUE I N MAKING THE SAID ADDITION IS FOR WANT OF EVIDENCE ESPECIALLY THE SOURCES OF DEPOSIT MADE BY MR.NIRMAL SINGH. NOW HE FILED THE COPIES OF BALANCE SHEET AS ON 31 ST MARCH 2003 IN RESPECT OF MR.NIRMAL SINGH BALANCE SHEET OF M/S. HARDEEP ENTERPRISES AS ON 31 ST MARCH 2003 ALONG WITH 2 THE PROFIT AND LOSS ACCOUNT AND FIXED ASSET SCHEDUL E. SINCE THESE MATERIALS ARE NOT AVAILABLE TO ASSESSEE TO FILE BEFORE THE REVENUE AU THORITIES HE REQUESTED TO SET ASIDE THE MATTER TO THE FILE OF AO FOR FRESH VERIFICATION AFT ER TAKING INTO CONSIDERATION THE ABOVE DOCUMENTS. 4. ON THE OTHER HAND THE LD. DR APPEARING ON BEHAL F OF THE REVENUE COULD NOT OBJECT TO THE SAID REQUEST OF ASSESSEE. 5. AFTER HEARING THE RIVAL SUBMISSIONS AND ON PERUS AL OF MATERIALS AVAILABLE ON RECORD IT IS OBSERVED THAT THE LD. CIT(A) HAS CONF IRMED THE ACTION OF AO BY OBSERVING THAT ASSESSEE FAILED TO PRODUCE SATISFACTORY EVIDEN CES REGARDING THE RECEIPT OF FUNDS FROM SHRI NIRMAL SINGH. IN THE ABSENCE OF EVIDENCES AO ASSESSED THE CAPITAL ACCOUNT OF RS.25 00 000/- AS UNEXPLAINED CASH CREDIT U/S 68 OF THE IT ACT. SINCE ASSESSEE IS NOW IN A POSITION TO SUBSTANTIATE THE CLAIM OF ASSE SSEE BY FILING THE ADDITIONAL DOCUMENTS IN THE INTEREST OF JUSTICE WE SET ASIDE T HIS ISSUE TO THE FILE OF AO TO RE- DECIDE THE ISSUE AS PER LAW AFTER TAKING INTO CONSI DERATION FRESH DOCUMENTS FILED BEFORE THIS TRIBUNAL BY ASSESSEE. THE ASSESSEE IS ALSO AT LIBERTY TO FILE FURTHER DOCUMENTS IN SUPPORT OF HIS CASE. 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. 6 7 &86 9$0 :;# # <= > ? @ A ORDER PRONOUNCED IN THE OPEN COURT ON 16.11.2011. SD/- SD/- MAHAVIR SINGH JUDICIAL MEMBER . .. .!' !'!' !'. .. . #$ #$ #$ #$ C.D.RAO ACCOUNTANT MEMBER. ( (( ('$ '$ '$ '$) )) ) DATE: 16.11.2011. R.G.(.P.S.) 3 #5 0 .B C#B(7- COPY OF THE ORDER FORWARDED TO: 1. HARDEEP SINGH R.S.RAY & ASSOCIATES BLOCK-E 4 TH FLOOR ROOM NO.19A 9/12 LALBAZAR STREET KOLKATA-1. 2 THE A.C.I.T. CIRCLE-46 KOLKATA. 3. THE CIT 4. THE CIT(A)-XXX KOLKATA. 5. DR KOLKATA BENCHES KOLKATA /B ./ TRUE COPY #5&2/ BY ORDER DEPUTY /ASST. REGISTRAR ITAT KOLKATA BENCHES