ITO,WARD 1(1), ASANSOL, ASANSOL vs. ABU ZOBAIR & KAZI SHARI AHMAD(NOW ASANSO-1 C.S.SHOP\U005CU00BF \U005CU00BF, ASANSOL
In the result, the appeal filed by the Revenue, is dismissed
ITA 318/KOL/2017[2006-07]Status: DisposedITAT Kolkata17 Nov 2017AY 2006-07
Bench: Shri S.S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.318/Kol/2017 (िनधा"रणवष" / Assessment Year: 2006-07 Ito, Ward-1(1), Asansol Vs. Abu Zobair&Kazishafi Ahmad 6, Budhadanga Road, Asansol Lower Chelidanga, Asansol 713301. -4. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aakfa 6221 B (Appellant) .. (Respondent) Appellantby : Shri Dulal Ch. Mandol,Jcit, Dr Respondent By :Shri Arvind Agarwal, Advocate सुनवाईक"तारीख/ Date Of Hearing : 25/08/2017 घोषणाक"तारीख/Date Of Pronouncement : 17/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue Pertaining To Assessment Year 2006-07, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax (Appeals), Asansol, In Appeal No.107/Cit(A)/Asl/Ward-1(1)/Asl/14-15, Dated 05.12.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147/143(3) Of The Income Tax Act,1961( Hereinafter Referred To As The ‘Act’), Dated 27.03.2014. 2. The Revenue Has Raised The Following Grounds Of Appeal: “1.Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Justified By Holding That Cash Payment To M/S. Asansol Bottling & Packaging Co. Ltd., Asansol, Is Not A Violation Of Section 40A(3) Of The Income Tax Act, 1961. 2.Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Justified By Holding That Cash Payment To A Business Organization, I.E. M/S Asansol Bottling & Packaging Co. Ltd., Asansol, Is Payment To Government For The Purpose Of Section 40A(3) Of The Lncome Tax Act, 1961. 3.Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Justified By Holding That Cash Payment To M/S. Asansol Bottling & Packaging Co. Ltd., Asansol, Is Exempted As Per Rule 6Dd(B) With Section 40A(3) When There Are No Rules To Specify That This Payment Was Required To Be Made In Cash Only.
For Appellant: Shri Dulal Ch. Mandol,JCIT, DRFor Respondent: Shri Arvind Agarwal, Advocate
Section 139Section 143(1)Section 147Section 148Section 40A(3)
u/s 148. Consequent upon the compliance by the assessee, certified copy of reasons recorded for re-opening the assessment by invoking the provision of Section 147 of the Act was issued to the assessee on 22.05.2012. The reason to reopen the assessment was that theassessee has made the purchases from Asansol Bottling & Packaging Co. Pvt. Ltd and had made
