SMT. SAROJ BAID,KOLKATA vs. ITO, WARD - 36(3), KOLKATA, KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found that the assessee had discharged the onus by providing evidence of genuine purchase, including invoices and balance sheet reflection. The addition was based on general observations without specific evidence against the assessee.
What were the facts?
The Assessing Officer received information alleging the assessee availed a bogus accommodation entry for purchase of diamonds amounting to Rs. 4,68,000/-. The amount was added as unexplained expenditure, which was confirmed by the CIT(A).
What were the issues?
Whether the addition made by the Assessing Officer as unexplained expenditure was based on specific evidence against the assessee or general assumptions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy]
order : June 27th,2018 ORDER Per J. Sudhakar Reddy :- This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-10, (hereinafter the ‘Ld. CIT(A)’), dt. 01/06/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the ‘Act’), relating to Assessment Year 2008-09.
Brief facts:- The assessee is an individual and derives income from business. The Assessing Officer received information from DDIT (Inv.) Mumbai, through the DIT(IT), Kolkata, that the assessee during the Financial Year 2007-08, the assessee had availed a bogus accommodation entry in the nature of purchase amounting to Rs. 4,68,000/-, from an accommodation entry operator Mr. Praveen Kumar Jain, through his concern Mohit International. The assessment was re-opened and the amount added as, unexplained expenditure. 2.1. On appeal, the ld. First Appellate Authority confirmed the addition. Further aggrieved, the assessee is in appeal before us.
Assessment Year: 2008-09 Saroj Baid 3. After hearing rival contentions, I find that the assessee gave a cheque for purchase of diamonds. Copy of the retail invoices is at page 51 of the paper book. The payments were made through account payee cheque drawn on Indusind Bank on 16th May, 2007. This is accounted for in the books of account of the assessee. These diamonds purchased were reflected in the balance sheet of the assessee. The assessee had not been filing regular returns of income. For the Assessment Year 2011-12, the assessee filed a return of wealth, wherein, these diamonds were reflected after getting them valued by a registered valuer. These evidences prove that the assessee has discharged the onus that lay on her in this case that the purchase of diamonds is genuine. The Assessing Officer as well as the ld. CIT(A) referred to certain modus operandi found during the course of search proceedings, in the case of Mr. Praveen Kumar Jain. Also reference was made to the statement from one Mr. Nilesh Parmar. The evidence claimed to have been found during the course of search are not brought on record by the revenue. It is not known whether the name of the assessee was mentioned in these statements or found in the evidences unearthed during the course of search. The entire addition is based on general observations, without any specific reference as to how it affects the assessee. This addition is made based on assumptions and presumptions.
The ITAT ‘C’ Bench of the Kolkata Tribunal in the case of Sanju Jalan vs. ITO Ward-36(2), Kolkata in order dt. 10.01.2018, under similar circumstances, deleted a similar addition which was not based on evidence. 4.1. Consistent with the view taken therein, I delete the addition and allow this appeal of the assessee.
In the result, appeal of the assessee is allowed. Kolkata, the 27th day of June, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated:27 .06.2018 {SC SPS} Assessment Year: 2008-09 Saroj Baid Copy of the order forwarded to: 1.Saroj Baid 3-B, Lal Bazar Street 5th Floor Kolkata – 700 001 2.Income Tax Office, Ward-36(3), Kolkata Aayakar Bhawan Poorva 9th Floor Kolkata – 700 107 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.
Recent GST High Court judgments
Search GST case law →- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026