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Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA
Before: Shri S.S, Godara
Shri Subash Agarwal, Advocate अपीलाथ� क� ओर से/By Appellant Shri Kapil Mondal, JCIT-DR ��यथ� क� ओर से/By Respondent 18-09-2018 सुनवाई क� तार�ख/Date of Hearing 28-09-2018 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R This assessee’s appeal for assessment year 2009-10 is directed against the Commissioner of Income-tax (Appeals)-10, Kolkata’s order dated 24.05.2018 passed in case No.376/CIT(A)-10/W-34(3)/2009-10 affirming the Assessing Officer’s action taking recourse to re-opening/re-assessment thereby disallowing loss claim of ₹1,34,515/- as bogus in his order dated 27.12.2016, involving proceedings u/s. 147/143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
Learned counsel does not press for assessee’s former substantive ground challenging validity of reopening the same is therefore declined as not pressed. Coming to merits qua correctness both the lower authorities action holding assessee’s Dilip Kr. Modi Vs. ITO Wd-34(3), Kol. Page 2 loss amounting to ₹1,34,515/- as bogus learned counsel’s only case as per the taxpayer’s reply dated 09.12.2016 submitted to Assessing Officer is that he had nowhere claim of such loss. Learned Departmental Representative is unable to rebut correctness thereof during the course of hearing. I therefore delete the latter disallowance / addition loss of ₹1,34,515/- since not claimed at assessee’s behalf.