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Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA
Before: Shri Mahavir Singh, JM]
This appeal by assessee is arising out of order of CIT(A)-XXIV, Kolkata vide Appeal No. 1089/CIT(A)-XXIV/W-37(2)/11-12 dated 04.03.2013. Assessment was framed by ITO, Ward- 37(2), Kolkata u/s. 147 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2008-09 vide his order dated 30.12.2011. 2. The only issue in this appeal of assessee is against the order of CIT(A) confirming the action of AO in disallowing the purchase made in cash in violation of the provisions of section 40A(3) of the Act.
I have heard rival submissions and gone through facts and circumstances of the case. Both the Ld. Counsel for the assessee as well as Ld. Sr. DR fairly conceded that the CIT(A) has not passed a speaking order. Further Ld. Counsel for the assessee stated that the purchases made through cheques which have not been accepted by AO. I have gone through the assessment order and the order of CIT(A) and found that none of the authorities below have crystallized this issue or discussed the issue and relevant facts. In terms of the above, both the sides conceded that the issue can be remitted back to the file of AO for fresh consideration. In term of the above, I set aside the orders of the authorities below and restore the matter back to the file of the AO for fresh adjudication. The appeal of assessee is allowed for statistical purposes.
In the result, appeal of assessee is partly allowed. Order pronounced in the open court. (Mahavir Singh) ` Judicial Member Dated : 4th February, 2016 Jd. Sr. P.S
2 Sajal Kumar Kundu, AY 2008-09
Copy of the order forwarded to:
Appellant – Shri Sajal Kumar Kundu, Prop. Of M/s. Kundu Services, AE-535, Salt Lake City, Kolkata-700064. 2. Respondent – ITO, Wd-37(2), Kolkata.
CIT(A) , Kolkata
CIT , Kolkata
DR, Kolkata Benches, Kolkata /, By order, Asstt.