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Income Tax Appellate Tribunal, KOLKATA BENCH “C” KOLKATA
Before: Shri N.V.Vasudevan & Shri Waseem Ahmed
आदेश /O R D E R PER Waseem Ahmed, Accountant Member:-
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-XXXII, Kolkata dated 21.12.2012. Assessment was framed by ITO Ward-51(4), Kolkata u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 31.12.2009 for assessment year 2007-08. Shri Anil Kochar, Ld. Advocate appeared on behalf of assessee and Shri Rajat Kr. Kureel, Ld. Departmental Representative represented on behalf of Revenue. 2. The grounds raised by assessee per his appeal are as under:-
1. That on facts as well as in law the Ld. Commissioner of Income Tax (Appeals) was not justified in sustaining the addition of Rs.28,00,000 made by the ld. Assessing Officer merely on the irrelevant ground of alleged non- utilization of the amount for procurement of land, despite the fact that its receipt in the hands of the assessee is not disputed.
Narendra Deo Dube Vs. ITO Wd-51(4) Kol. Page 2 2. That on facts as well as in law the Ld. Commissioner of Income Tax (Appeals) was not justified in sustaining the addition of Rs.4,00,000 (paid to Green Chillie) made by the ld. Assessing Officer merely on the irrelevant ground of alleged non-utilization of the amount for procurement of land, despite the fact that source of amount in the hands of the as is not disputed.
3. That on facts as well as in law the Ld. Commissioner of Income Tax (Appeals) was not justified in sustaining the addition of amount of Rs.77,00,000 (received from Shri A.K. Mitra) made by the Ld.AO and while doing so the ld. CIT(Appeals) ignored to judiciously consider the evidences and submissions furnished by the assessee before him and before the Assessing Officer.
4. That on facts as well as in law the Ld. Commissioner of Income Tax (Appeals) was not justified in sustaining all the additions made by the ld. Assessing Officer despite the fact that principles of natural justice were not followed by the Assessing Officer and ignoring the fact that the statement of Shri A.K. Mitra was recorded on 31.12.2009 behind the back of the assessee, was used against assessee without allowing any opportunity to confront the same by the assessee.
That, without prejudice to the foregoing grounds, the assessment order is invalid and bad in law as the same was prepared and passed by the ld. Assessing Officer beyond 31.12.2009, i.e. the time of limitation prescribed in section 153 of the In Tax Act, 1961, a fact which can be found on investigation, thus void Authorities Below-initio.
That the appellant craves leave to modify or add to the grounds of the appeal on or before the final hearing of this appeal.”
At the outset, Ld. AR for the assessee before us submitted that all the additions have been made on the basis of statement recorded by the Assessing Officer u/s. 131 of the Act of Shri A.K. Mitra. The assessee has taken unsecured loan from Shri A.K. Mitra which was not justified by the assessee at the time of assessment. It was also submitted that the impugned assessment order has been framed by the AO on 31.12.2009 and on the same date the statement of Shri A.K. Mitra was recorded u/s 131 of the Act. Thus it is clear that the assessment order was passed without confronting the statement of Shri A.K. Mitra to the assessee. In view of the above, Ld. AR prayed before us to restore the matter to the file of AO for fresh adjudication. Ld. DR fairly submitted that the matters need to be restored to the file of AO for fresh consideration.
We have heard rival contentions of the parties and perused the materials available on record and also perused the order of Authorities Below. From the foregoing discussion, we find that additions have been made by the