Sankar Bairagi v. ACIT, Circle-50, Kolkata
[Citation -2019-LL-1001-78]
| Citation | 2019-LL-1001-78 |
|---|---|
| Appellant Name | Sankar Bairagi |
| Respondent Name | ACIT, Circle-50, Kolkata |
| Court | ITAT-Kolkata |
| Relevant Act | Income-tax |
| Date of Order | 01/10/2019 |
| Assessment Year | 2009-10 |
| Judgment | View Judgment |
| Keyword Tags | estimation basis • non-compliance • net profit • addition to income • adequate opportunity |
| Bot Summary: | AR is that the Assessing Officer cannot make additions separately, when the net profit on estimation was made and placed reliance in the case of Sri Ajit Prasad Dey vs. ITO in ITA No.1541/Kol/2018 order dated 25.04.2019 and argued that when the Assessing Officer determines net profit on estimation basis and the additions made separately, are not maintainable. Further it is noted that the assessee challenged the order of Assessing Officer before the CIT(A) and for non-compliance on behalf of assessee decided the appeal on merit on the basis of Page 1 I.T.A No.2437/Kol/2016 Sri Sankar Bairagi material available on record. Therefore it is clear that there was no opportunity for the assessee to substantiate its grounds raised before the First Appellate Authority. In our opinion, the assessee must get an opportunity to substantiate his claims raised in the First Appellate Proceedings as there was no such opportunity, we deem it proper to remand the matter to the file of CIT(A) for his fresh verification. The assessee is liberty to file evidences, if any, in support of his claim. Thus grounds raised by the assessee are allowed for statistical purposes. In the result, the appeal of the assessee is allowed for statistical purposes. |