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Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy]
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA [Before Sri J. Sudhakar Reddy, Accountant Member] Assessment Year: 2012-13 Modern International….…….……………………………………..……..………………………………Appellant C/o. S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [PAN : AAKFM 1904 D] I.T.O. Ward-32(3), Kolkata..……..…….…….…………………………………………….………..Respondent 10B, Middleton Row 2nd Floor Kolkata – 700 071 Appearances by: Shri Anil Kocchar, Advocate, appeared on behalf of the assessee. Shri Sailen Samaddar, Addl. CIT, DR, appearing on behalf of the Revenue Date of concluding the hearing : May 22nd, 2018 Date of pronouncing the order : May 25th, 2018 O R D E R Per J. Sudhakar Reddy :-
This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-9, Kolkata, (hereinafter the ‘Ld. CIT(A)’), dt. 08/12/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the ‘Act’), relating to Assessment Year 2012-13.
After hearing rival contentions, I find that the Assessing Officer at page 1 first line of his assessment order has stated that the assessee has declared loss of Rs.6,61,839/-, in a return of income filed on 28/09/2012. Contrary to these observations at page 2, the total income/loss as per return is taken at nil. This mistake has resulted in the income being assessed at Rs.6,61,839/-. The ld. CIT(A) did not bother to correct this error.
In view of the above discussion, I delete the addition and allow this appeal of the assessee.
Assessment Year: 2012-13 Modern International 4. In the result, appeal of the assessee is allowed. Kolkata, the 25th day of May, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated: 25.05.2018 {SC SPS} Copy of the order forwarded to: 1. Modern International C/o. S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 2. I.T.O. Ward-32(3), Kolkata 10B, Middleton Row 2nd Floor Kolkata – 700 071 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.