SAPPHIRE PAPER MILLS PVT. LTD.,DARJEELING vs. DCIT, CIRCLE - 2, SILIGURI, SILIGURI

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ITA 1479/KOL/2018Status: DisposedITAT Kolkata27 March 2019AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the matter required verification by the AO. The assessee's counsel undertook to cooperate with the AO for fresh verification. Therefore, the Tribunal remanded the matter back to the AO.

What were the facts?

The assessee's appeal concerns an addition made on account of share capital and share premium for AY 2012-13. The assessee contended that the Assessing Officer (AO) did not verify the creditworthiness, existence, and genuineness of the share subscribing companies.

What were the issues?

Whether the addition made on account of share capital and share premium under Section 68 of the Income Tax Act, 1961, requires further verification by the Assessing Officer due to lack of compliance by the assessee.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “D”, KOLKATA

For Respondent: DR JCIT
Hearing: 28.02.2019Pronounced: 27.03.2019

ORDER

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER This appeal filed by the assessee against the order dated 03.05.2018 passed by CIT(A), Siliguri for AY 2012-13 u/s 143(3) of the Income Tax Act, 1961 (in short “Act”).

2.

Heard both parties and perused the material available on record. The contention of the Ld.AR is that the issue raised in this appeal relating to addition made on account of share capital and share premium. Since no compliance in respect of proving the creditworthiness, existence and genuineness of transactions in respect of share subscribing company and the matter requires verification by the AO in respect of addition made u/s 68 of the Act. He prayed to remand the matter to the AO for his verification. He placed reliance in the cases of Kashvi Distributor Pvt.Ltd. in dated 19.11.2018; M/s AIC Sponge & Power Pvt. Ltd. in ITA No.995/Kol/2017 dated 15.06.2018 and M/s. Ambassador Vincom Pvt. Ltd. in ITA No.2139/Kol/2017 dated 24.08.2018. Ld. DR did

1.

(ASSESSMENT YEAR-2012-13) not controvert the same. We find on similar circumstances that this Tribunal remanded the matter to the file of AO in order to examine the assessee regarding the receipt of share capital and share premium. As undertaken by the Counsel of the assessee shall make due compliances before the AO and shall extend cooperation in order to enable the AO to complete the assessment afresh expeditiously. Thus, we remand the matter to AO for his consideration. Therefore, grounds raised by the assessee are allowed for statistical purposes.

3.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 27.03.2019.

Sd/- Sd/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 27.03.2019 *Amit Kumar* Copy forwarded to:

1. 1. Appellant- Sapphire Paper Mills Pvt.Ltd., 3rd Floor, Leelashri Building, Subhash Market, George Mahabert School Raod, Siliguri, Darjeeling-734001.

2. Respondent- DCIT, Circle-2, Aayakar Bhawan, A- Wing, Paribahan Nagar, Matigara, Siliguri-734010.

3. CIT-Kolkata 4. CIT(Appeals)-Kolkata 5. DR: ITAT -Kolkata Benches By order

AR/H.O.O ITAT, KOLKATA

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