Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘D’ BENCH
Before: Shri M.Balaganesh & Shri S.S.Viswanethra Ravi
This appeal by the assessee is directed against the order dated 02-12-2013 passed by the Commissioner of Income Tax(Appeals), Asansol for the assessment year 2010-11.
The assessee has raised as many as eight grounds out of which ground no-8 is general in nature and ground no’s-1 to 7 are effective grounds.
At the outset, it was submitted by the Ld.AR that an appeal was filed by the assessee before the CIT-A against the order dt: 28-12-2012 passed by the AO u/s. 143(3) of the Act, wherein the CIT-A directed the AO to verify to whether the individual deposits are included in the sum of Rs.73,97,459/- or were unaccounted contract receipts and it was further submitted a similar directions were given by the CIT-A to AO in respect of M/s.Leela Buri Enterprise 1 other additions. The ld.AR further submits that inspite of such direction, the AO without making such verification passed the same order as was passed by him originally. Again the same was challenged before the CIT-A and the CIT-A directed the AO to verify the same . But inspite of which the AO did not examine/verify the same as directed by the CIT-A. Therefore, the assessee preferred this appeal before the Tribunal against the original assessment order as stated in para no-1 herein above.
The Ld. DR raised an objection in respect of grounds as raised by the Assessee specifically to the ground no-1 and submitted that the arguments as advanced by the Ld.AR are contrary to the ground no-1 and relied on the order of AO.
Heard rival submissions and perused the material available on record. We find that the CIT-A found identical deposits, according to him, requires one to one analysis on all individual deposits and to find out whether those are included in the sum of Rs.73,97,459/- and to that effect a direction was given to the AO vide para no-6 of the order of the CIT-A to verify the same and books of account of the assessee for the AY under consideration. We find that a similar direction was given for other additions also by CIT-A to AO. In such circumstances in the interest of justice and taking into consideration the submission as submitted by the Ld.AR before us, we deem it fit and proper to remand the all issues to the file of AO to do so as directed by the CIT-A and to pass an order in accordance with law. The assessee shall be at liberty to file/produce evidences, if any, to substantiate its claim and shall co-operate with the AO in further assessment proceedings. Accordingly, the grounds raised by the assessee are allowed for statistical purposes. M/s.Leela Buri Enterprise 2
In the result, the appeal of assessee is allowed for statistical purposes. 6.
ORDER PRONOUNCED IN OPEN COURT ON 02-12-2016 Sd/- Sd/- M.Balaganesh S.S. Viswanethra Ravi Accountant Member Judicial Member
Dated 02/12/ 2016
Copy of the order forwarded to: 1. The Appellant/assessee:M/s. Leela Buri Enterprise Vill Gauri P.O Kanyapur, Asansol 713341 Dist Burdwan 2 The Respondent/department: I.T.O W 1(2) Asansol Sahana Apartment Lower Chelidanga, Asansol-04. 3 /The CIT(A) 4.The CIT DR, Kolkata Bench 5.