Ritu Agarwal, Kolkata v. ITO, Ward - 36(1), Kolkata, Kolkata

SMC(B) IN THE INCOME TAX APPELLATE TRIBUNAL SMC(B) BENC H : KOLKATA () BEFORE . . . . . . . . ) [BEFORE HONBLE SRI D. K. TYAGI JM] ! ! ! ! / I.T.A NO. 2203/KOL/2010 '#$ '#$ '#$ '#$ %&' %&' %&' %&'/ // / ASSESSMENT YEAR : 2005-06 RITU AGARWAL -VS- INCOME-TAX OFFICER WD-36(1) KOLKATA. (PA NO.ADLPA 4922 F) ( )* /APPELLANT ) (+)*/ RESPONDENT ) FOR THE APPELLANT : SRI S. C. BAID FOR THE RESPONDENT : SRI P. KOLHE / ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE LD. CIT(A) KOLKATA DATED 18.10.2010 FOR ASSESSMENT YEA R 2005-06 ON THE FOLLOWING GROUNDS : 1. FOR THAT THE LD.CIT(A) HAS ERRED IN NOT TAKING T HE COGNIZANCE TO THE ADDITIONAL GROUND OF APPEAL TAKEN AT THE HEARING STAGE OF TH E APPEAL IN RESPECT OF ADDITIONS U/S. 68 OF PRAKASH CHOWDHURY RS.2 09 026/- DURING THE YEAR UNDER CONSIDERATION. 2. FOR THAT THE ADDITION U/S. 68 BY THE ASSESSING O FFICER FOR CASH CREDIT OF PRAKASH CHOWDHURY AMOUNTING RS.2 09 026/- SHALL BE ERRONEO US AND UNJUST AND IMPROPER IN THE FACT AND CIRCUMSTANCES OF THE CASE OF THE APPELLA NT MORE PARTICULARLY WHEN NOTICE ISSUED BY HIM WAS SERVED AND THE APPELLANT REQUES TED HIM TO MAKE FURTHER ENQUIRY AS TO THE TRANSACTION AND HE SHOULD HAVE PROVIDED PRO PER OPPORTUNITY BEFORE CALLING ADDITIONS. 3. FOR THAT THE ASSESSING OFFICER HAS FAILED TO EST ABLISH THE ADDITIONS U/S. 68 AMOUNTING RS.2 09 026/- IS INCOME OF THE APPELLANT MORE PART ICULARLY WHEN THE SAID SUM WERE PAID TO THE LOAN CREDITORS DURING THE YEAR UNDER CONSID ERATION AND NOTHING REMAIN WITH THE APPELLANT. 2. AT THE TIME OF HEARING BEFORE US THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAD RAISED ADDITIONAL GROUND IN RESPEC T OF ADDITION OF RS.2 09 026/- U/S. 68 OF THE I. T. ACT BEFORE THE FIRST APPELLATE AUTHORI TY BUT THE SAME WAS NOT ADJUDICATED BY HIM AT THE APPELLATE STAGE. HENCE HE PRAYED FOR R ESTORATION OF THE MATTER TO THE FILE OF THE LD. CIT(A). THE LD. DR APPEARED FOR THE REVENU E DID NOT OBJECT TO THIS PRAYER OF 2 THE ASSESSEE. HENCE IN THE INTEREST OF NATURAL JU STICE I RESTORE THE MATTER TO THE FILE OF THE LD. CIT(A) FOR ADJUDICATING AFRESH AFTER PROVID ING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THE APPEAL OF THE ASSESSEE I S THEREFORE ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. 4. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- . . (D. K. TYAGI) JUDICI AL MEMBER ( - - - -) )) ) DATED : 14TH FEBRUARY 2011 %./ '#01 '2% JD.(SR.P.S.) 3 +''4 54&6- COPY OF THE ORDER FORWARDED TO: 1 . )* / APPELLANT MS. RITU AGARWAL C/O RAWALWASIA STEEL COMPANY 4 RAJA WOODMUNT STREET KOLKATA-1. 2 +)* / RESPONDENT ITO WD-36(1) KOLKATA. 3 . ' # / THE CIT(A) KOLKATA 4. ' # ( )/ CIT KOLKATA. 5 . %<' +'# / DR KOLKATA BENCHES KOLKATA 4 +'/ TRUE COPY #=/ BY ORDER > 1 /ASSTT. REGISTRAR .