ITO, Ward - 49(1), Kolkata, Kolkata v. AKM Mafzular Rahaman, North 24 Parganas

ITA 259/KOL/2010 | 2006-2007
Pronouncement Date: 06-07-2010

Appeal Details

RSA Number 25923514 RSA 2010
Assessee PAN AGKPR3968E
Bench Kolkata
Appeal Number ITA 259/KOL/2010
Duration Of Justice 4 month(s) 28 day(s)
Appellant ITO, Ward - 49(1), Kolkata, Kolkata
Respondent AKM Mafzular Rahaman, North 24 Parganas
Appeal Type Income Tax Appeal
Pronouncement Date 06-07-2010
Appeal Filed By Department
Bench Allotted Not Allotted
Tribunal Order Date 06-07-2010
Date Of Final Hearing 27-04-2010
Next Hearing Date 27-04-2010
Assessment Year 2006-2007
Appeal Filed On 08-02-2010
Judgment Text
1 B IN THE INCOME TAX APPELLATE TRIBUNAL BENCH- B KO LKATA [ . . . . . . . . . . . . . . . . ! !! !' '' ' # ] [BEFORE SHRI D.K. TYAGI JUDICIAL MEMBER & SRI K.K. GUPTA ACCOUNTANT MEMBER] $ $ $ $ / ITA NO. 259 (KOL) OF 2010 %&' () / ASSESSMENT YEAR 2006-07 INCOME-TAX OFFICER WARD-49(1) KOLKATA. AKM MAFZULAR RAHAMAN 24-PGS (N). (PAN-AGKPR3968E) ( - / APPELLANT ) - & - - VERSUS - (0 -/ RESPONDENT ) - 1 2 / FOR THE APPELLANT: / SRI PIYUSH KOLHE SR. D.R. 0 - 1 2 / FOR THE RESPONDENT: N O N E 3 / ORDER ( . . . . . . . . !' !' !' !') )) ) # (K.K. GUPTA) ACCOUNTANT MEMBER : THE REVENUE IS IN APPEAL AGITATING THE ACTION OF THE LD. C.I.T.(A) ON HAVING CONSIDERED THE ASSESSEE-APPELLANTS CASE BEFORE HIM BY DELETING THE ADDITION OF RS.15 77 461/- MADE ON ACCOUNT OF UNEXPLAINED INVES TMENT IN FIXED ASSETS BY THE A.O. 2. NONE HAS APPEARED ON BEHALF OF THE ASSESSEE-RES PONDENT IN SPITE OF NOTICE DULY SERVED AND PLACED ON RECORD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED T HAT THE ASSESSMENT WAS COMPLETED U/S. 144 OF THE ACT ON ACCOUNT OF ASSESSE ES NON-COOPERATION TO EXPLAIN TO THE A.O. THE ADDITION TO THE FIXED ASSETS AMOUNTING TO RS.15 77 461/- WHICH WAS APPEALED AGAINST BEFORE THE LD. C.I.T.(A). THE LD. C.I.T.(A ) IN VIOLATION TO RULE 46A OF I.T. RULES STATED THAT THE BALANCE FIGURE OF FURNITURE AS REFL ECTED IN THE BALANCE SHEET AS AT 21 ST MARCH 2005 WAS RS.36 648/- WHICH WAS BROUGHT FORW ARD TO THE BALANCE SHEET AS AT 31 ST MARCH 2006 WAS NOT CORRECT IN VIEW OF THE FACT THA T THE BALANCE FIGURE OF FURNITURE IN THE ASSESSEES BALANCE SHEET AS AT 31 ST MARCH 2005 WAS RS.95 475/-. HE THEREFORE PROCEEDED TO ACCEPT THE CONTENTION OF THE ASSESSEE- APPELLANT FOR BOTH INVESTMENTS THAT FRESH LOANS OF RS.53 34 966/- WERE OBTAINED FROM S. B.I. SALT LAKE COMMERCIAL BRANCH 2 KOLKATA WHICH WERE UTILIZED IN THE INVESTMENT OF F IXED ASSETS. HE SUBMITTED THAT THE ISSUE AGITATED BY THE REVENUE THEREFORE MAY BE CO NSIDERED BY THE A.O. BY RESTORING THE SAME TO HIS FILE. 4. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATI VE AT LENGTH AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE ARE OF THE CONSID ERED VIEW THAT THE A.O. HAD ACCORDED OPPORTUNITY TO THE ASSESSEE TO COMPLY WITH THE NOTI CE U/S. 142(1) WHEREIN THE EVIDENCE IN SUPPORT OF ACQUISITION OF VARIOUS ASSETS WAS CAL LED FOR BUT WAS NOT SUBMITTED. THE A.O. THEREFORE WAS CONSTRAINED TO RENDER THE AMOU NT TO ADDITION IN FURNITURE & FIXTURE AND PLANT & MACHINERY TOTALLING TO RS.15 77 461/- A S HIS INCOME REMAINING FROM UNEXPLAINED SOURCE. HOWEVER BEFORE THE LD. C.I.T. (A) THE ASSESSEE WAS ABLE TO FURNISH THE DOCUMENTS RELATING TO LOANS PROCURED FROM S.B.I . SALT LAKE COMMERCIAL BRANCH KOLKATA WHICH WAS UTILIZED FOR PURCHASE OF THE SAM E. WE FIND MERIT IN THE CONTENTION OF THE LD. DEPARTMENTAL REPRESENTATIVE THAT THE VER IFICATION OF LOAN DOCUMENTS WHICH LEAD TO THE FINDING OF ACQUISITION OF PLANT & MACHI NERY AND FURNITURE & FIXTURE GROUPED IN DIFFERENT ASSETS MAY BE VERIFIED IN VIEW OF THE FACT THAT THE SAME WERE CALLED FOR BY THE A.O. BUT WERE NOT PRODUCED BEFORE HIM. IN VIEW OF THE ABOVE WE SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW AND RESTORE THE MAT TER TO THE FILE OF A.O. WITH THE DIRECTION TO AFFORD REASONABLE OPPORTUNITY TO THE A SSESSEE TO SUBMIT THE VARIOUS DOCUMENTS AND EXPLANATIONS AS CALLED FOR AND AS WER E PRODUCED BEFORE THE LD. C.I.T.(A) IN SUPPORT OF HIS CONTENTION AND READJUDICATE THE I SSUE IN ACCORDANCE WITH LAW. 5. IN THE RESULT THE APPEAL BY THE REVENUE IS ALL OWED FOR STATISTICAL PURPOSES. 4 3 #! 5 !& 46 THIS ORDER IS PRONOUNCED IN OPEN COURT ON 06.07.2010. SD/- SD/- ( (( ( . . . . . . . . ) )) ) ( . . . . . . . . !' !' !' !' ) # (D.K.TYAGI) JUDICIAL MEMBER (K.K.GUPTA) ACCOUNTANT MEMBER ( (( (# # # #) )) ) DATE: 06-07-2010 3 $ $ $ $ / ITA NO. 259 (KOL) OF 2010 3 1 0%%7 87(9- COPY OF THE ORDER FORWARDED TO : 1. - / THE APPELLANT : I.T.O. WARD-49(1) KOLKATA. 2 0 - / THE RESPONDENT : AKM MAFZULAR RAHAMAN VILL. & PO- NEHALPUR BASIRHAT 24-PARGANAS (N) 3. %3& () : THE CIT(A)-XXXII KOLKATA. 4. %3&/ THE CIT KOL- 4. >% 0%& / DR ITAT KOLKATA BENCHES KOLKATA 5. GUARD FILE . 7 0%/ TRUE COPY 3&!/ BY ORDER (DKP) @ A / DEPUTY REGISTRAR .