PIJUSH KANTI BHUNIA,KOLKATA vs. ITO, WARD-39(1), MIDNAPORE
The appeals of the assessee stand allowed
ITA 328/KOL/2024[2016-17]Status: DisposedITAT Kolkata08 May 2024AY 2016-17
Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.327&328/Kol/2024 Assessment Years: 2016-17 Pijush Kanti Bhunia….……..…..…......................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Agrpb9773C] Vs. Ito, Ward-39(1), Midnapore……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2024 Date Of Pronouncing The Order : May 08, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Preferred By The Assessee, One Is Pertaining To The Quantum Addition & The Other Is Deleting To The Levying Of Penalty U/S 271(1)(C) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Assessee’S Appeal Relating To Quantum Addition & Second Is Penalty Addition. 2. Ita No.327/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A) Ought To Have Considered That The Recorded Reasons To Believe Are Invalid & Improper & As Such, The Reassessment Framed Vide Order Dated19.12.2019 Is Bad In Law & Is Liable To Be Quashed.
Section 271(1)(c)
…Calcutta High Court is reproduced as under: “Thus, in our view, the learned tribunal rightly rejected the contention raised by the revenue and also rightly noted the decision of the Hon’ble Supreme Court in Sanjeev Woollen Mills v. CIT [2005] 149 Taxman 431/279 ITR 434 wherein it was held that valuation of the assessee at market value, which was higher than the cost, resulted in the imaginary or notional potential profit out of itself and not any real profit or income which can be taxed.” 4. The ld. DR could not rebut the aforesaid submissions of the ld. counsel for the assessee. I.T.A. Nos.327&328/Kol/2024 As…