Income Tax Appellate Tribunal - Kolkata
Amit Kumar Tibrewala, Kolkata vs Department Of Income Tax
I . T. A . N o . 2 9 3 / K o l . / 2 0 1 0
A s s e s s m e nt y e a r : 2 0 0 6- 0 7
Page 1 of 3
IN THE INCOME TAX APPELLATE TRIBUNAL,
KOLKATA 'B' BENCH, KOLKATA
Before Shri Pramod Kumar (Accountant Member),
and Shri George Mathan (Judicial Member)
I.T.A. No.: 293/ Kol. / 2010
Asse ssment yea r : 20 06-07
,
Deputy Commi ssione r of Income Tax ..........................App ellant
Central Ci rcl e-X XVII, Kol ka ta,
5 t h flo or,
18, Rabind ra Sa rani,
Kolka ta-700 001
-Vs.-
Amit Kumar Tibrew ala,.......................................R espond ent
103, Hem Chandra N aska r Roa d,
Kolka ta-700 010
[PAN : ADLPT 6640 H]
Appearances by:
Shri Ranadhir Gupta, D.R. for the appellant
Shri S.K. Tulsiyan, for the respondent
Date of co ncluding t he hea ri ng : August 09, 2 012
Date of prono unci ng the o rde r : August 31, 2012
O R D E R
Per George Mathan :
1. This is an appeal filed by the Revenue against the order of ld.
Commissioner of Income Tax (Appeals), Central-II, Kolkata in Appeal No. 152/CC-XXVII-CIT(A)-CENT-II/KOL./08-09 dated 20.11.2009, for the assessment year 2006-07.
2. 2. In Revenue's appeal, the revenue has raised the following grounds:-
(1) Th at in the f act s and in the ci rcu mst anc es of th e case and in law, the ld. CIT(A) erred in d el eting the additi on of Rs.27,19,681 /- on account of estimated commi ssi on in come without appreci ating t he f act s of th e c ase evalu at ed in cou rse of assessment proceeding s.
I . T. A . N o . 2 9 3 / K o l . / 2 0 1 0 A s s e s s m e nt y e a r : 2 0 0 6- 0 7 Page 2 of 3 (2) Th at on th e f act s and in the ci rcum st ances of the case, th e ld.
CIT(A) has erred in h olding th at th e rejecti on of b ooks of
acc ount u/s. 14 5(3) of the Act by the A.O. wa s inco rrect
without app reciatin g t he ci rcum st anti al evid enc es an d materi al s
brought on rec ord by the A.O.
3. Shri Ranadhir Gupta, ld. Sr. D.R. represented on behalf of the revenue and Shri S.K. Tulsiyan, Advocate represented on behalf of the assessee.
4. At the time of hearing, it was fairly agreed by both the sides that the issues in the appeal were squarely covered by the decision of the Coordinate Bench of this Tribunal in the case of Santosh Kumar Tibrewala (HUF) in I.T.A. Nos. 830 & 831/Kol./2010 dated 10.09.2010 for the assessment years 2006-07 & 2007-08, wherein the Coordinate Bench of this Tribu nal has held at para 5 as follows :-
"5. We have considered the submi ssi ons of the learned rep resentativ es of the parti es in the light of provi sions of secti on 245-I of the Act and the ord er of Hon'ble Settlement Commi ssion dat ed 06.04 .2010 (cop y plac ed on record). We ob serv e f rom p ara 9 of the said ord er of the S ettl ement Commi ssion d ated 06.04.2 010 that th e Settlement Commi ssion aft er con sid ering the orders of t he l earn ed CIT(A) h as accept ed t he c ont ention s of th e assessee th at th e t ran sactions, int er alia, of the assessee with appli cant s w ere g enui ne and the d ep art ment had not been abl e to add uce any reli able evidence th at th ey w ere accomm odati on ent ri es. In vi ew of ab ov e and considerin g the p rovi sions of section 245-I of th e Act, we hold th at there i s n o merit in th e ground s of both app eals taken by the depa rt ment as the finding s given by th e Hon'b le Settlem ent Comm issi on h av e become con clusiv e and th e same c ann ot b e agitat ed by the d ep art ment bef ore th e T ribun al herein. Hence, we reject the g round s of app eal s taken by the d ep art ment".
5. We have considered the submissions of both the sides. We have also perused the order of the Coordinate Bench of this Tribunal in the case of Santosh Kumar Tibrewala (HUF) referred to supra. A perusal of I . T. A . N o . 2 9 3 / K o l . / 2 0 1 0 A s s e s s m e nt y e a r : 2 0 0 6- 0 7 Page 3 of 3 the order clearly shows that the grou nds raised in the abovementioned order are identical to the grounds raised in the present case. It is further noticed that the issues in the appeal in the present case are also squarely covered by the order of the Coordinate Bench in the case of Santosh Kumar Tibrewala (HUF) referred to supra as the Hon'ble Settlement Commission vide its order dated 06.04.2010 has observed in para9 and thereafter considering the orders of the ld. CIT(Appeals) has accepted the contentions of the assessee that the transactions, inter alia, of the assessee with the applicants were genuine and the Department had not been able to adduce any reliable evidence that they were accommodation entries. In these circumstances, respectfully following the decision of the Coordinate Bench of this Tribunal in the case of Santosh Kumar Tibrewala (HUF) referred to supra, the finding of the ld. CIT(Appeals) on these issues stands confirmed.
6. In the result, the appeal of the revenu e is dismissed.
Order pronounced in the open Court on 31 s t August, 2012.
Sd/- Sd/-
Pramod Kumar George Mathan
(Accountant Member) (Judicial Member)
Kolkata, the 31 s t day of August, 2012
Copies to : (1) Th e app ell ant
(2) Th e respon dent
(3) CIT
(4) CIT(A)
(5) Th e D ep artment al Rep resentativ e
(6) Guard File
By order etc
Assis tant Registrar
Income Tax Appe llate Tribunal
Kolkata benches, Kolkata
Laha/Sr. P.S.