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Income Tax Appellate Tribunal, “A” BENCH, KOLKATA
This is an appeal preferred by the assessee against the order of the Commissioner of Income-tax (Appeals)-10, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] dated 28.02.2019 for the AY 2012-13.
The only issue raised by the assessee against the confirmation of addition of ₹60 lacs by the ld. CIT (A) as made u/s 68 of the Act by the ld. AO.
The ld AR at the outset submitted that the AO in last para at page no.1 of the assessment order stated that the assessee is engaged in bogus /accommodation entries provider and also layering for transfer of black money to beneficiary companies. Similar on page no.3 of the assessment order , the ld. AO again noted that the
The ld. DR relied on the order of lower authorities.
After herring the rival contentions and perusing the materials available on record, we find that the ld. AO in the assessment order at several places given finding that the assessee is a accommodation entry provider thereby converting the black money into white money and passing on to various beneficiaries and entities. However, the addition made was in contraction to the conclusion drawn by the AO in the assessment order. Similarly the ld. CIT (A) affirmed the order by relying various case laws which is again in contraction to the finding given by the ld. AO that the assessee is an accommodation entry provider. Considering these facts and circumstances, in our opinion it would be reasonable to restore the appeal to the file of the ld. AO for
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 16.12.2024.
Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 16.12.2024 Sudip Sarkar, Sr.PS Copy of the Order forwarded to :
1. 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata