NAVIN JAIN,MUMBAI vs. ACIT, INTERNATIONAL TAXATION, CIRCLE-2(1), KOLKATA, KOLKATA
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Income Tax Appellate Tribunal, “C” BENCH: KOLKATA
Before: Shri Sanjay Garg&Shri Rajesh Kumar]
आयकर अपील�य अ�धकरण, कोलकाता पीठ ‘‘सी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA �ी संजय गग� �या�यक सद�य एवं �ी राजेश कुमार, लेखा सद�य के सम� [Before Shri Sanjay Garg, Judicial Member &Shri Rajesh Kumar, Accountant Member] I.T.A. No. 479/Kol/2022 Assessment Year: 2019-20 Navin Jain Vs. ACIT, Circle-2(1), International Taxation, Kolkata (PAN: ACQPJ 6363 D)
Appellant / (अपीलाथ�) Respondent / (!"यथ�)
Date of Hearing / सुनवाई 30.03.2023
क% �त'थ Date of Pronouncement/ 21.04.2023 आदेश उ*घोषणा क% �त'थ For the Appellant/ Shri Vishal Karla, A.R �नधा�0रती क% ओर से For the Respondent/ Smt. Ranu Biswas, Addl. CITDR राज�व क% ओर से ORDER / आदेश Per Rajesh Kumar, AM: This is the appeal preferred by the assessee against the order of the Ld. Assistant Commissioner of Income Tax, circle- 2(1), International Taxation (hereinafter referred to as the AO”] dated 29.06.2022 for the AY 2019-20.
The only issue raised by the assessee is against the order of AO giving effect to the DRP direction wherein the AO has raised a erroneous demand of Rs. 28,12,435/- while returned income has been accepted in pursuant to the DRP direction.
The Ld. A.R submitted that the issue has been allowed by DRP in favour of the assessee by directing the AO to delete the addition in the draft assessment order and
2 I.T.A. No. 479/Kol/2022 Assessment Year: 2019-20 Navin Jain consequently the income returned by the assessee as per the return of income came to be accepted by the AO but while giving the effect to the order of DRP , the AO has wrongly raised a demand of Rs. 28,14,435/- which has happened due to wrong calculation done on the part of the AO. The Ld. A.R therefore prayed that the AO may be directed to make re-computation and correct the mistake committed in the order giving effect to DRP order.
The Ld. D.R fairly agreed the issue may be sent to the AO to look into the matter and carry out necessary rectification.
After hearing the rival contention and perusing the material on record, we note that the issue at hand is that when the income returned by the assessee has been accepted how there can be a demand raised on the assessee to the tune of Rs. 28,14,435/- by the AO. In our opinion, the issue is required to be examined at the level of AO so that the order giving effect to the DRP direction could be re-examined and necessary rectification can be made. Accordingly we restore the issue back to the file of the AO with the direction to re-compute the same after giving a reasonable opportunity of hearing to the assesse.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order is pronounced in the open court on 21st April, 2023
Sd/- Sd/-
(Sanjay Garg /संजय गग�) (Rajesh Kumar/राजेश कुमार) Judicial Member/�या�यक सद�य Accountant Member/लेखा सद�य Dated: 21st April, 2023 SB, Sr. PS
3 I.T.A. No. 479/Kol/2022 Assessment Year: 2019-20 Navin Jain
Copy of the order forwarded to:
Appellant- Navin Jain, Flat no. 403, Dosti Flamingo, Tokershi Jivraj Marg, Mumbai-400015 2. Respondent – ACIT, Circle-2(1), Kolkata 3. DR, Kolkata Benches, Kolkata (sent through e-mail)
