MR. MANISH AGARWAL,KOLKATA vs. ITO, WARD - 32(3), KOLKATA, KOLKATA

The assessee raises the following substantive grounds in the instant appeal:- “2. On the facts and circumstances of the case, the learned CIT(A) erred in confirming the action of the AO in initiating proceedings u/s. 147 of the Income-tax Act, 1961, although the said initiation was barred by limitation as per the provisions of the Act.

On the facts and circumstances of the case, the learned CIT(A) erred in confirming the action of the AO in charging to tax, gross arrear rent of Rs.10,84,461/- received on 26.05.1998, in the assessment for the year under appeal.

Without any prejudice to above, on the fats and in the circumstances of the case, the learned CIT(A) erred in confirming the action of the AO in charging to tax, gross arrear rents received in the Assessment Years 1990-91, 1993-94, 1994-95, 1995-96, 1996-97 and 1997-98, of the amounts of Rs.88,897, Rs.1,18,530/-, Rs.1,43,594/-, Rs.1,51,948/-, Rs.1,51,948 and ITA No.249/Kol/2012 Assessment Year 1999-00 Mr. Manish Agarwal. Vs ITO, Wd-32(3), Kol. Page 2 Rs.1,92,481/- respectively., despite the fact that these amounts have already been included within the total income of the appellant in the respective years.”

It transpires during the course of hearing that the instant issue of addition of gross arrears of rent is no more res integra between the parties since the earlier co- ordinate bench’s orders have already dealt with the same. We notice that the assessee’s appeal ITA No.346/Kol/2004 against the tribunal’s order upholding the impugned rent addition is already pending before their lordships of hon'ble jurisdictional high court for final disposal. Both the learned representatives further state that the assessee has succeeded on the instant issue in assessment years 1991-92 and 1992-93 whereas co-ordinate bench’s orders have accepted the Revenue’s stand in assessment years 1999-91 and from 1993-94 to 1997-98 as well. We therefore deem it appropriate the assessee’s grievance(s) raised herein deserves to be restored back to the Assessing Officer to await final outcome of the above stated main lis pending in hon'ble jurisdictional high court. We order accordingly. The Assessing Officer shall frame consequential assessment as per the final outcome of the assessee’s above stated tax appeal as per law. This assessee’s appeal is allowed for statistical purposes in above terms.

Order pronounced in open court on 12/02/2020 (लेखा सद'य) ("या)यक सद'य) *Dkp-Sr.PS *दनांकः- 12/02/2020 कोलकाता / Kolkata आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:- 1. अपीलाथ"/Appellant-Mr. Manish Agarwal, 13, Camac Street, Kolkata-17

""यथ"/Respondent-ITO, Wd-32(3), 10, B. Middleton Row, Kolkata-71 3. संबं-धत आयकर आयु.त / Concerned CIT 4. आयकर आयु.त- अपील / CIT (A) 5. /वभागीय ")त)न-ध, आयकर अपील"य अ-धकरण कोलकाता/DR, ITAT, Kolkata 6. गाड3 फाइल / Guard file. By order/आदेश से, // सहायक पंजीकार आयकर अपील"य अ-धकरण, कोलकाता ।