SRI SANJIV KUMAR SINGH,KOLKATA vs. ITO, WARD 36(3), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found the assessee's pleadings prima facie correct and restored the issue of correctness of impugned cash deposits back to the Assessing Officer for fresh adjudication. The Assessing Officer is to consider peak credit and telescoping benefits.
What were the facts?
The assessee's appeals concern bank deposits made in the name of his proprietary concerns, which were treated as unexplained cash credits by the Assessing Officer and CIT(A). The assessee claimed he was not properly served and that peak credit and telescoping benefits were not considered.
What were the issues?
Whether bank deposits are unexplained cash credits, and if the assessee is entitled to peak credit and telescoping benefits.
Which sections of the Income-tax Act were involved?
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
Shri Subash Agarwal, Advocate आवेदक क� ओर से/By Assessee Shri Supriyo Pal, JCIT, SR-DR राज!व क� ओर से/By Revenue 15-10-2019 सुनवाई क� तार�ख/Date of Hearing 18-10-2019 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- These four assessee’s appeals for assessment year(s) 2009-10 to 2012-13 arise against the Commissioner of Income Tax (Appeals)-10, Kolkata’s separate orders; all dated 17.01.2017 passed in case Nos.272-274 & 146/CIT(A)-10/W-36(3)/2015- 16/Kol. involving proceedings u/s 144/147 in former three and sec. 144 of the Income Tax Act, 1961; in short ‘the Act’ in last assessment year; respectively.
It emerges at the outset that the assessee’s last appeal suffers from 32 days’ delay in filing stated to be attributable circumstances beyond his ITA No.1040-1042/Kol/2017 & 1104/Kol/2017 A.Ys 09-10 to 12-13 Sh. Sanjiv Kr. Singh Vs ITO Wd-36(3), Kol. Page 2 control. Learned departmental representative is very fair in not disputing correctness thereof. We thus condone the impugned delay of thirty two days in filing of instant appeal ITA No.1104/Kol/2017. The same is now taken up for adjudication on merits.
A combined perusal of all these case file(s) suggests that assessee’s sole substantive grievance identically pleaded in these four cases seeks to reverse both the lower authorities’ identical action treating his bank deposits of ₹5,46,22,860/-, ₹17,07,40,951/-, ₹6,38,98,700/- & ₹1,99,61,610/-; assessment year-wise respectively as unexplained cash credits in the course of assessment as affirmed in the lower appellate proceedings.
There is no dispute between the parties about the assessee to have made the impugned bank deposits in the name of his proprietary concerns M/s Hiland Securities, M/s Kanak Vyapaar and M/s Sanjiv Enterprises in their respective bank accounts. The Assessing Officer as well as the CIT(A) hold the same to be unexplained cash credits for making the impugned addition in assessee’s hands. Learned departmental representative vehemently contends during the course of hearing that the assessee had not put in appearance before the Assessing Officer to explain source of all these cash credits. The very factual position is stated to have been continued before the CIT(A) as well. The assessee’s arguments on the other hand are that he could not be properly served during the curse of scrutiny since the relevant hearing notice(s) had been received by his family members. It is further stated that even on merits, neither the Assessing Officer nor the CIT(A) have considered the clinching fact of the corresponding peak credit statement as well as telescoping benefit to be granted in such a case involving multiple credit and debit transactions in bank accounts. Mr. Agarwal has invited our attention to the assessee’s detailed paper book running into 57 pages filed before the CIT(A) to simultaneously consider peak of the amounts deposited to be followed by telescoping benefit in these four assessment years. We find that the assessee’s instant pleadings prima facie correct per se. The fact also remains that this assessee; who is stated to have set up his business in the name of various proprietary concerns to carry out entry operations business had not appeared
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026