Gulshan Kapoor, Kolkata v. ITO, Wd.33 (1), Kolkata, Kolkata

ITA 95/KOL/2014 | 2007-2008
Pronouncement Date: 27-11-2014 | Result: Partly Allowed

Appeal Details

RSA Number 9523514 RSA 2014
Assessee PAN AFUPK1405J
Bench Kolkata
Appeal Number ITA 95/KOL/2014
Duration Of Justice 10 month(s) 11 day(s)
Appellant Gulshan Kapoor, Kolkata
Respondent ITO, Wd.33 (1), Kolkata, Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 27-11-2014
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted SMC
Tribunal Order Date 27-11-2014
Assessment Year 2007-2008
Appeal Filed On 16-01-2014
Judgment Text
I.T.A. NO . 9 5 / KOL ./201 4 ASSESSMENT YEAR: 200 7 - 20 0 8 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH KOLKATA BEFORE SHRI GEORGE MATHAN JUDICIAL MEMBER I.T.A. NO. 9 5 / KOL / 20 1 4 ASSESSMENT YEAR : 200 7 - 20 0 8 GULSHAN KAPOOR ..................... ....... ........... . ............. .. .APP ELL ANT C/O. S. L. KOCHAR ADVOCATE 86 CANNING STREET KOLKATA - 700 001 [PAN : A FUPK 1405 J ] - VS. - INCOME TAX OFFICER .. ............................................ . RESPONDENT WARD - 33 ( 1 ) KOLKATA MIDDLETON ROW KOLKATA - 700 071 APPEARANCES BY: SHRI ANIL KOCHA R A DVOCATE . FOR THE ASSESSEE S MT. RANU BISWAS J CIT SR. D.R. FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : NOVEMBER 2 7 2 01 4 DATE OF PRONOUNCING THE ORDER : NOVEMBER 2 7 201 4 O R D E R PER GEORGE MATHAN : THIS IS AN APPEAL FILED BY THE ASSESSE E AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) - X I X KOLKATA IN APPEAL NO. 308 / CIT(A) - XI X /W ARD - 33(1)/KOL/12 - 13 DATED 0 6 . 11 .20 1 3 FOR THE ASSESSMENT YEAR 200 7 - 0 8 . 2. SHRI ANIL KOCHAR AD VOCATE REPRESENTED ON BEHALF OF THE ASSESSEE AN D SMT. RANU BISWAS JCIT SR. D.R. REPRESENTED ON BEHALF OF THE REVENUE. 3. AT THE TIME OF HEARING IT WAS SUBMITTED BY THE LD. A.R. THAT THE ISSUE IN TH IS APPEAL WAS AGAINST THE ACTION OF THE LD. CIT(APPEALS) IN CONFIRMING THE ADDITION S MADE BY THE ASSE SSING OFFICER BY INVOKING THE PROVISIONS OF SECTION 69A OF THE ACT. IT WAS THE SUBMISSION THAT THE ASSESSEE MAY BE GRANTED ANOTHER OPPORTUNITY TO PRODUCE EVIDENCES I.T.A. NO . 9 5 / KOL ./201 4 ASSESSMENT YEAR: 200 7 - 20 0 8 PAGE 2 OF 2 BEFORE THE ASSESSING OFFICER AS IT WAS THE SUBMISSION THAT THE ASSESESE WOULD BE ABLE TO PRO VE THE SOURCES OF THE FUNDS IN THE BANK ACCOUNTS FOR THE AMOUNTS RECEIVED BY THE ASSESSEE FROM INVESTMENTS. IT WAS THE SUBMISSION THAT THE ASSESSEE MAY BE GRANTED ONE MORE OPPORTUNITY TO PRODUCE EVIDENCES BEFORE THE ASSESSING OFFICER. 4. TO THIS SUBMISSI ON LD. SR. D.R. DID NOT RAISE SERIOUS OBJECTION. 5. I HAVE CONSIDERED THE SUBMISSIONS. IN VIEW OF THE SUBMISSIONS OF THE LD. A.R. THAT THE ASSESSEE WAS NOT IN A POSITION TO SUBSTANTIATE HIS CLAIM BEFORE THE ASSESSING O FFICER BY PRODUCING FURTHER EVIDENCE S THE ISSUES IN THIS APPEAL ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - ADJUDICATION AFTER GRANTING THE ASSESSEE ADEQUATE OPPORTUNITY TO SUBSTANTIATE HIS CASE. 6. IN THE RESULT THE APPEAL FILED BY THE ASSESESE IS PARTLY ALLOWED FOR STATISTI CAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 2 7 TH NOV EMBER 2014. SD/ - GEORGE MATHAN ( JUDICIAL MEMBER) KOLKATA THE 2 7 TH D AY OF NOVE MBER 201 4 COPIES TO : (1) GULSHAN KAPOOR C/O. S.L. KOCHAR ADVOCATE 86 CANNING STREET KOLKATA - 700 001 (2) INCOME TAX OFFICER WARD - 33(1) KOLKATA MIDDLETON ROW KOLKATA - 700 071 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES KOLKATA LAHA/SR. P.S .