Income Tax Appellate Tribunal - Kolkata
Md. Manwar Rahaman Mia, Malda vs Ito, Ward - 3(2) , Malda on 21 June, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH "SMC" KOLKATA Before Shri S.S, Godara, Judicial Member ITA No.28/Kol/2019 Assessment Year:2012-13 Md. Manwar Rahaman Mia, बनाम / Income Tax Officer C/o Partha Sarathi Gupta, V/s . Ward-3(2), 1 s t Floor, Advocate, 100, Bank Lane, Netaji Market Hatar Para, P.O. Complex, Rathbari, Krishnagar, Dist. Nadia, Malda, Pini-732101 Pin-741 101 [PAN No.AJTPM 9628 A] अपीलाथ /Appellant .. यथ /Respondent अपीलाथ क ओर से/By Appellant Shri K.M. Roy, FCA & Shri Parth Sarathi Gupta, Advocate यथ क ओर से/By Respondent Shri A.R. Bandhopadhay, JCIT-DR सुनवाई क तार ख/Date of Hearing 18-06-2019 घोषणा क तार ख/Date of Pronouncement 21-06-2019 आदे श /O R D E R This assessee's appeal for assessment year 2012-13, arises against the Commissioner of Income-tax (Appeals)-Jalpaiguri's order dated 12.09.2018 passed in case No.70/CIT(A)/JAL/2015-16, involving proceedings u/s. 144 r.w.s 147 of the Income Tax Act, 1961; in short 'the Act'.
Heard both the parties. Case file perused.
2. Learned counsel representing assessee states at the outset that he only wishes to press for assessee's second and third substantive grounds challenging correctness of the lower authorities' action estimating his gross profit @ 10.01% as against that ITA No.28/Kol/2019 A.Y. 2012-13 Md. Manwar Rahaman Mia Vs. ITO Wd-3(2) Malda Page 2 declared @ 1.3% in poultry business resulting in addition of ₹10,43,093/-. The said two substantive grounds reads as under:-
"2. For that on the facts and in the circumstances of the assessee the Ld. C.I.T.(Appeals) was not at all justified in confirming the addition of Rs.10,43,093.00 on account of undisclosed total deposit in bank account & the closing balance of the bank account and the reasons adduced by the Ld. C.I.T.(A) in confirming the addition of Rs.10,43,093.00 are not at all convincing and as such the same is liable to be deleted.
3. For that on the facts and in the circumstances of the assessee the Ld. C.I.T.(Appeals) ought to have considered that the appellant's assessed income should have been determined on the basis of net profit rate instead of GP rate on the undisclosed total deposit of Rs.1,03,86,100/- in the bank account."
3. I have given my thoughtful consideration to rival contentions. There is hardly any dispute that assessee had filed books of account only during the lower appellate proceedings before the CIT(A) who has declined the same in his order under challenge. I wish to make it clear that neither the assessee has filed any evidence in the instant case file in support of his profit rate @ 1.3% nor the Assessing Officer or the CIT(A) have made any comparison vis-à-vis the corresponding rates in any other succeeding assessment year. There is further no material quoted in support of the gross profit in issue @ 10.01%. I therefore take into account all these peculiar facts to hold that larger interest of justice in the instant case would be met in case the impugned gross profit rate @ 10.01% is reduced to 3% with a rider that same shall not be treated as a precedent against the assessee in any other assessment year. The assessee gets part relief accordingly. Necessary computation to follow. It is further made clear that the necessary consequential computation shall not in any way be less than that already declared profit at the assessee's behest.
4. This assessee's appeal is partly allowed in above terms.
Order pronounced in open court on 21/06/2019 Sd/-
(S.S. Godara)
Judicial Member
Kolkata,
*Dkp/Sr.PS
दनांकः- 21/06/2019 कोलकाता
ITA No.28/Kol/2019 A.Y. 2012-13
Md. Manwar Rahaman Mia Vs. ITO Wd-3(2) Malda Page 3
आदे श क त ल प अ े षत / Copy of Order Forwarded to:-
1. अपीलाथ /Appellant-Md. Manwar Rahaman Mia C/o Partha Sarathi Gupta, Advocate 100, Bank Lane, Hatar Para, P.O. Krishnagar Dist. Nadia, Pin-741 101
2. यथ /Respondent-ITO Wd-3(2), Income Tax Officer, 1st Floor, Netaji Market Complex, Rathbari, Malda, Pin-732101
3. संब"ं धत आयकर आय% ु त / Concerned CIT
4. आयकर आय% ु त- अपील / CIT (A)
5. &वभागीय )त)न"ध, आयकर अपील य अ"धकरण कोलकाता / DR, ITAT, Kolkata
6. गाड+ फाइल / Guard file.
By order/आदे श से, /True Copy/ सहायक पंजीकार आयकर अपील य अ"धकरण, कोलकाता ।