M/S. MALDA CONSTRUCTION CO.,MALDA vs. ITO, WARD - 3(1), MALDA CIRCLE, MALDA, MALDA

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ITA 1354/KOL/2018Status: DisposedITAT Kolkata31 January 2020AY 2009-102 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the addition, finding that the CIT(A) correctly considered all facts, case law, and survey evidence. The assessee's retraction of the voluntary disclosure was held to have no bearing on the addition.

What were the facts?

The assessee's appeal concerns an addition of ₹31,90,000/- made on the basis of a voluntary disclosure during survey proceedings. The assessee claimed the disclosure was not based on any material found during the survey.

What were the issues?

Whether a voluntary disclosure made during survey proceedings, later retracted, can form the basis of an addition to income when supported by survey evidence.

Which sections of the Income-tax Act were involved?

Section 133A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “C” KOLKATA

Before: Shri J.Sudhakar Reddy & Shri S.S.Godara

PER S.S.Godara, Judicial Member:

- This assessee’s appeal for assessment year 2009-10 arises against the Commissioner of Income Tax (Appeals)-Jalpaiguri’s order dated 18.04.2018 passed in case No.51/CIT(A)-4/JAL/2015-16, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Case called twice. None appears at the assessee’s behest despite the fact that registry has already sent it an RPAD notice dated 10.12.2019. Case file indicates that the assessee had not put in appearance on the last hearing date i.e. 10.12.2019 as well. It is accordingly proceeded ex parte. The case is now taken up for adjudication on merits.

2.

A perusal of the instant case file reveals that the assessee’s sole substantive grievance seeks to reverse both the lower authorities action adding an amount of ₹31,90,000/- on the basis of the alleged voluntary disclosure during the course of ITA No.1354/Kol/2018 Assessment Year 2009-10 M/s Malda Construction Co. Vs ITO Wd-3(1), MLD Page 2 survey proceedings u/s 133A of the Act representing undisclosed income. The assessee’s case throughout has been that the same was not based on any material found or seized during the course of the survey. We notice that the CIT(A) has considered all the relevant facts as well as a catena of case law alongwith the assessee’s authorized person’s survey statement as well as the evidence found during the course of survey to hold that the latter’s re-traction would have no bearing on the impugned addition. Learned departmental representative has also argued in the same tune only. We thus hold that the since there is no rebuttal coming from the assessee’s side to the CIT(A)’s clinching finding of the fact that the impugned addition is based on physical evidence found during survey, its sole substantive grievance deserves to be rejected. We order accordingly. This assessee’s appeal is dismissed.

3.

Order pronounced in open court on 31/01/2020 (लेखा सद'य) ("या)यक सद'य) *Dkp-Sr.PS *दनांकः- 31/01/2020 कोलकाता / Kolkata आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:- 1. अपीलाथ"/Appellant-M/s Malda Construction Co. M.K.Road, Vivekananda Pally NH-34, Malda,Pin-732101

2.

""यथ"/Respondent-ITO Wqard-3(1), Malda Circle, Malda-731201 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 ।

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