SRI GOUTAM PAUL,KOLKATA vs. DCIT, CIRCLE - 33, KOLKATA, KOLKATA

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ITA 1751/KOL/2018Status: DisposedITAT Kolkata20 November 2019AY 2012-132 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 proceeded ex parte against the assessee due to non-appearance and lack of supportive material for the claims. The Tribunal found no reason to accept the assessee's grounds and rejected them.

What were the facts?

The assessee's appeal for AY 2012-13 was dismissed ex parte as no one appeared on their behalf. The appeal challenged various disallowances and additions made by the lower authorities, including inflated sales, unexplained cash credits, notional interest, written-off deposits, and estimated labour and earth cutting charges.

What were the issues?

Whether the disallowances and additions made by the lower authorities were justified, given the lack of supportive evidence from the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “B” KOLKATA

Before: Shri S.S.Godara & Dr. A.L. Saini

PER S.S.Godara, Judicial Member:

- This assessee’s appeal for assessment year 2012-13 arises against Commissioner of Income Tax (Appeals)-9 Kolkata’s order dated 24.05.2018 passed in case No.750/CIT(A)-9/Cir-33/2014-15/Kol involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Case called twice. None appeared at assessee’s behest. The registry has already sent RPAD notice dated 14.10.2019 for today’s hearing. We thus proceed ex parte against the assessee.

2.

The assessee’s multiple folded substantive grounds raised in the instant appeal challenging correctness of both the lower authorities action disallowing / adding the alleged inflated sales figure of ₹2,82,289/-, unexplained cash

ITA No.1751/Kol/2018 A.Y. 2012-13 Sh. Goutam Paul Vs. DCIT, Cir-33, Kol Page 2 credits of ₹5,54,600/- in the nature of introduction of capital, notional interest @ 12% per annum on account of interest free loan of ₹1,16,021/-, sundry security deposit balance written off ₹2,51,072/-, estimated disallowance of labour charges of ₹3,67,899/- and estimated earth cutting charges @ 5%

coming to ₹2,40,869/-; respectively. Case file suggests that the CIT(A)’s order under challenge affirming the foregoing disallowance / addition has been passed ex parte. The factual position appears to be no different in assessment as well as wherein the assessee had not filed the cogent supportive material regarding all these claims. There is no rebuttal coming from lower authorities action in the instant second appellate proceedings before the tribunal as well. We therefore see no reason to accept of any of assessee’s foregoing substantive grounds. The same are rejected therefore.

3.

This assessee’s appeal is dismissed. Order pronounced in the open court 20/11/2019 (लेखा सद%य) ("या'यक सद%य) ( A.L.Saini) (S.S.Godara) (Accountant Member) (Judicial Member) Kolkata, *Dkp (दनांकः- 20/11/2019 कोलकाता । आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:- 1. अपीलाथ"/Appellant-Sri Goutam Paul, 83/3 Dum Dum Road, Kolkata-700 074

2.

""यथ"/Respondent-DCIT,Cir-33, 10B, Middleton Row, 3rd Fl. Kolkata-700 071 3. संबं3धत आयकर आयु4त / Concerned CIT Kolkata 4. आयकर आयु4त- अपील / CIT (A) Kolkata 5. 7वभागीय "'त'न3ध, आयकर अपील"य अ3धकरण, कोलकाता / DR, ITAT, Kolkata 6. गाड< फाइल / Guard file. By order/आदेश से, // सहायक पंजीकार आयकर अपील"य अ3धकरण, कोलकाता ।

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