SRI ASHOK KUMAR SHARDA ,KOLKATA vs. ITO, WARD - 34(2), KOLKATA
In the result, appeal of the assessee is allowed
ITA 2366/KOL/2018[2010-11]Status: DisposedITAT Kolkata26 Apr 2019AY 2010-11
Bench: Sri J. Sudhakar Reddy] I.T.A. No. 2366/Kol/2018 Assessment Year: 2010-11 Sri Ashok Kumar Sharda..……………………………………....………………..…………………….….Appellant 22(A), 3Rd Floor 16, India Exchange Place Kolkata – 700 001 [Pan : Amops 3276 Q] Income Tax Officer, Ward-34(2), Kolkata…............................................................…...Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri Ranu Biswas, Addl. Cit D/R, Appearing On Behalf Of The Revenue.
Section 143(3)Section 147Section 250Section 68
…that the impugned addition has been made by the Authorities Below on the basis of surmise and conjecture which is not permissible in the eyes of law as held by the Hon'ble Supreme Court in the case of Lalchand Bhagat Ambica Ram vs. CIT Bihar and Orissa (1959) 159 ITR 289 (SC). Therefore, we hold that the impugned loss cannot be subject-matter of addition on the basis of suspicion. In this regard we also rely in the case of CIT vs. Kundan Investment Ltd. reported in 263 ITR 626 (Cal) where Hon'ble jurisdictional High Court has held:- "The Tribunal had found that all relevant documents relating to contract notes, b…