Section 151(2) of the Income Tax Act

ITO, WD-48(3), Kolkata vs. Santosh Kumar Sureka, Howrah

In the result, the appeal filed by the Revenue, is dismissed

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.998/Kol/2015 (िनधा"रणवष" / Assessment Year: 1989-90) I.T.O, Wd-48(3), Kolkata Vs. Santosh Kumar Sureka 105/34/1, Girish Ghosh Road, 1St Floor, 3, Govt. Place(West), Liluah, Howrah – 711 204. Kolkata – 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Amaps 1884 Q (Appellant) .. (Respondent) Appellant By :Shri Soumyajit Dasgupta, Addl. Cit Respondent By:S.M. Surana, Advocate. सुनवाईकीतारीख/ Date Of Hearing : 21/11/2017 घोषणाकीतारीख/Date Of Pronouncement : 17/01/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year 1989-90, Is Directed Against An Order Passed By The Cit(A)-14, Kolkata, In Appeal No.92/Cit(A)-Xxx/Cir-46/2011-12, Dated 30.03.2015, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147/143(3) Of The I.T. Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 31.03.2005. 2.The Grounds Of Appeal Raised By The Revenue Are As Follows: “1. On The Facts & In The Circumstance Of The Case, Ld. Cit(A)-14, Kol Erred In Concluding That The Reopening Of Assessment Of The Appellant Itself Was Bad In Law & The Assessment Is Ab Initio Void On That Score Alone. 2. On The Facts & In The Circumstance Of The Case, Ld. Cit(A)-14, Kol Erred In Concluding That The Addition Of Rs.29,11,337/- Made By The Assessing Officer Towards Unexplained Investment By The Assessee, In Purchases In Prop. Concern M/S Sureka Castings &Engg. Co., Before The Ownership Of The Prop. Concern Changed Hands On 05.09.1988 When It Was Purchased By Shree G.S. Sureka, Was Not Justified. 3. The Ld. Cit(A)-14, Kol Erred In Deleting The Addition Of Rs.2,91,133/- Made By The Assessing Officer, Towards Profit Out Of The Supply Of Goods To Railways At An Estimated Rate Of 10% Of Total Value Of The Order.”