Facts
The assessee filed its return for AY 2012-13. Information about accommodation entries of Rs. 2.72 crore led to a Section 148 notice and a re-assessment by the AO. The Ld. CIT(A) allowed the assessee's appeal for statistical purposes, directing the AO to verify if the transactions were the assessee's own money, against which the department appealed.
Held
The Tribunal dismissed the revenue's appeal and the assessee's cross-objection. It directed the Assessing Officer to expeditiously pass an order in light of the Ld. CIT(A)'s order, as no final order had yet been passed by the AO despite the assessee's participation in subsequent proceedings.
Key Issues
Whether the CIT(A)'s direction for AO to verify accommodation entries was correct, and to ensure the AO passes the final assessment order expeditiously.
Sections Cited
148
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM: This is the appeal preferred by the revenue and the cross objection by the assessee against order of Commissioner of Income Tax (Appeal)- NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 15.02.2024 for AY 2012-13.
Brief facts of the case of the assessee are that the assessee being a company filed its original return of income for AY 2012-13 disclosing total income of Rs. 36,45,967/-. Subsequently information was received that the assessee company had taken accommodation entry of Rs. 2,72,50,000/- during the previous year 2011-12 form M/s Goodhope Vincom Pvt. Ltd., M/s Bright Moon Vinimay Pvt. Ltd. and M/s Vidhata Housing Pvt. Ltd.. A notice u/s 148 of the Act was issued, in response to that the assessee filed return of income declaring total income of Rs. 35,45,967/-. The AO assessed the total income of the assessee at Rs. 3,08,95,970/- by holding that even though the opportunity of being heard of providing to the assessee but the assessee company failed to discharge the onus to provide a transaction as being genuine and failed to discharge its duties.
The said order has been challenged by the assessee before the Ld. CIT(A) wherein the Ld. CIT(A) allowed the appeal of the assessee for statistical purposes thereby directing the AO to verify the claim of the assessee and if it is found to be correct that the purported transaction are the assessee’s own money conduced under garb of accommodation entry is required to be deleted.
Being aggrieved and dissatisfied the department has preferred the present appeal.
The Ld. Sr. D.R has submitted before the Tribunal that let this appeal be disposed off by giving a direction to the AO to pass order expeditiously as the A.R has already made his representation before the A.O. after passing of the impugned order.
CO No. 21/Kol/2024 Assessment Year: 2012-13 Arch Vyapaar Pvt. Ltd. 5. Dring the course of argument the Ld. A.R has submitted that after passing the order of Ld. CIT(A) the assessee has participated in the proceedings before the AO but yet no order has been passed by the AO.
Upon hearing the submission of the counsel for the respective parties and going over the order of Ld. CIT(A) the present appeal of the department is hereby disposed off with the direction to the AO to pass an order in the light of the order passed by the Ld. CIT(A) expeditiously so that the justice could be done. Accordingly, the appeal of the revenue is hereby disposed off with the above observation.
In the result, the appeal filed by the revenue is dismissed and the C.O has also dismissed.
Order is pronounced in the open court on 10th February, 2025
Sd/- Sd/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 10th February, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- JCIT(In-Situ), DCIT, Circle-4(1), Kolkata 2. Respondent – Arch Vyapaar Pvt. Ltd., 19, R. N. Mukherjee Road, Eastern Building Room no. 211, Dalhausie-700001 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)