M/S. Jamshedpur Transport Co.Ltd., Kolkata vs. I.T.O., Ward - 6(2), Kolkata
The appeal of the assessee is allowed
ITA 2618/KOL/2024[2018-2019]Status: DisposedITAT Kolkata29 Apr 2025AY 2018-2019
Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2618/Kol/2024 Assessment Year: 2018-19 M/S Jamshedpur Transport Co. Ltd.……………………………..….……….Appellant Eastern Building, 2Nd Floor, Suit No.201, Kolkata -1. [Pan: Aaccj1431D] Vs. Ito, Ward-6(2), Kolkata...……..............................……........……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Assessee. Shri Lovish Shelly, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 28, 2025 Date Of Pronouncing The Order : April 29, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 16.12.2024 Of The Commissioner Of Income Tax (Appeal) Addl/Jcit-12, Mumbai [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Declaring A Total Income Of Rs.3,56,95,240/-. However, In The Assessment Framed U/S 143(3) Of The Act, The Income Of The Assessee Assessed At Rs.3,57,50,240/- Resulting In An Addition Of Rs.55,000/- To The Declared Income. While Framing The Assessment Order, No Specific Issue Was Discussed By The Assessing Officer Regarding The Addition Of Rs.55,000/- Added To The Total Income Of The Assessee. In Fact, The Assessment Order Is Silent On Disallowance Relating To Rs.55,000/- As Made By The Assessing Officer. During The Course Of Assessment Proceedings, The Assessee Stated By A Letter Dated 22.12.2019 That
Section 143(3)Section 250
…I.T.A. No.2618/Kol/2024 Assessment Year: 2018-19 M/s Jamshedpur Transport Co. Ltd 5. On the other hand, the ld. DR supported the decisions of the Assessing Officer as well as ld. CIT(A). The ld. DR relied on the decision of Goetze (India) Ltd. vs. CIT (2006) 284 ITR 323 (SC) and stated that no new claim cannot be entertained by Assessing Officer without a revised return. However, the ld. AR objected to such submission made by the ld. DR stating that appellate authority can entertain such claim. 6. We, after hearing the rival submissions and perusing the materials available on record, find that during the course…