SATYAVEER RAMPURIA,SILIGURI vs. ITO, WARD 1(3),, SILIGURI

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member ITA No 2939/KOL/2025 Assessment Year- 2017-18 Satyaveer Rampuria..................................................................................................Appellant C/o. Rampuria Tea Sales, Amrit Apartment, M.G. Road, Khalpara, Siliguri, West Bengal- 734005 [PAN No. ACLPR9768H ] Vs. ITO, Ward 1(3).................................…………..…………………....……….Respondent P9CR, P29, Matigara, Siliguri, West Bengal- 734010 Appearances by: Miraj D. Shah, Advocate, appeared on behalf of the Appellant. Praveen Das Chowdhury, (Sr. D.R.), appeared on behalf of the Respondent. Date of concluding the hearing : June 29, 2026 Date of pronouncing the order : July 20 ,2026 ORDER Per Pradip Kumar Choubey, Judicial Member: This appeal filed by the assessee is directed against the order dated 17.09.2025 of the National Faceless Appeal Centre (NFAC), passed under Section 147 of the Assessment Year 2017-18 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”). 2. The brief facts of the case of the assessee is that the assessee filed his return of Income for the A.Y. 2017-18 by declaring total income at Rs. 3,62,330/- The case was pushed through the Insight Portal under the High Risk CRIU/VRU for the A.Y. 2017-18. The assessee has done bogus transactions amounting to Rs. 2,17 16,500/- with M/s Jain Enterprises, Porp. Mr. Vijay Kumar Jain, PAN AENPJ8119E, through bank account maintained with IndusInd Bank,

ITA No.2939/Kol/2025 A/c. No. 200005170971 during the F.Y. 2016-17. After analysis of account statement of the IndusInd Bank, Current A/c No.200005170971 for the F.Y.2016-17, there had been a total credit of Rs.71,91,742/- On further verification of the reply submitted by the assessee it was inferred that the income chargeable to tax amounting to Rs.71,91,742/- was deposited through online mode from M/s Jain Enterprises in assessee's bank Current A/c bearing No.200005170971 Induslnd Bank, against assessee's bogus sales of Tea. Further, with respect to the information available with the department an opportunity of being heard as per provision of section 148A(b) of the Income Tax Act, 1961 was provided to the assessee and notice u/s 147 of the I.T Act, 1961 was issued. As Ld. AO was not satisfied by the assessee submissions thus case was selected for scrutiny u/s 147 of the IT Act, 1961 after passing an order dated on 27.03.2024 under section 148A(d). After considering the submissions of the assessee, information received on insight portal, Ld. AO completed the assessment order u/s 147 r.w.s 144B the Act on 03.02.2025 by determining total income at Rs.75,54,070/- by making additions of Rs.71.91,742/- to the total returned income of the assessee Rs. 3,62,330/-.Further, penalty u/s 271AAC(1) of the IT Act has been initiated for additionmade us 69A separately. Aggrieved by the said order, assessee preferred appeal before the CIT(A) wherein appeal of the assessee has been dismissed. 3. The Ld. AR challenges the very impugned order thereby submitting that the Ld. AO as well as the CIT(A) failed to consider the assessee’s VAT/CST returns, sell register, invoices, transport documents, ledger of M/s Jain M/s Vijay Kumar Jain Enterprises, PAN statement and other primary evidences which are the documents to prove that the receipts of Rs. 71,91,742/- were duly recorded and it is nothing but accounted business receipts. The Ld. AR further submits 2

ITA No.2939/Kol/2025 that in the present case, Assessing Officer himself accepts that Rs. 71,91,742/- has been received through banking channels against disclosed sales of Rs. Rs. 72,24,051/- to M/s Jain Enterprises during the year. It has further been submitted by the AR that assessee maintains regular books of accounts which have been duly audited by the chartered accountant. The Ld. AR filed following documents:- (i) Audited Report (ii) Ledger of M/s Jain Enterprises. (iii) Ledger of M/s Jain Enterprises of moment of goods containing transporter consignment. (iv) Relevant bank statement. (V) Quarterly return under Central Sales Tax Act, maintain details of transaction with M/s Jain Enterprises. The Ld. AR submits that there was no income has escaped assessment in the hands of the assessee. Contrary to that Ld. DR supports the impugned order.

ITA No.2939/Kol/2025 copy of invoices, evidences of movement of goods containing transporter consignment, etc to establish the genuinity of such sells. It is pertinent to mention here that payments received on account of sales amounting to Rs. 72,24,051/- from the party were made in the due course of the credit line of the business and were conducted through banking channels (relevant bank statement reveals). We further find that the assessee has received Rs. 71,91,742/- through banking channel in the current account maintained in IndusInd Bank, Siliguri and Rs. 32,309/- in cash. It is further important to mention here that financial transaction totalling Rs. 21,716,500/- with M/s Jain Enterprises as alleged in the notice has denied by the assessee and submitted that the amount of Rs. 71,91,742 was received and it was credited to the bank account held with IndusInd in bank account no.200005170971. This fact has established from the bank statement filed by the assessee. I do not find any evidence to find support of the assertion made by the Assessing Officers claiming that an amount of Rs. 21,716,500/- was received. Contrary to that the actual sum receipt which is apparent from the bank statement is Rs. 71,91,742/-. We further find that entire amount have been appropriately recorded in the assessee books and has been subjected to the taxation.

In the result the appeal of the assessee is allowed.

ITA No.2939/Kol/2025

Kolkata, the 20th July , 2026.

Sd/- Sd/-

[Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member

DC Dated: 20 . 07.2026.

Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- 5. CIT(DR)

//True copy// By order Assistant Registrar, Kolkata Benches

ITA No.2939/Kol/2025