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08-02-2019, K.B. Medical Agency, Section 40A(3), 147, 148, Tribunal Kolkata

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1 week 1 day ago #8619 by amit
Section - 40A(3), 147, 148, 133(6), 133A, 145(3)
Order Date - 08-02-2019
Favouring - Assessee
Court - Tribunal Kolkata
Appellant - ITO
Respondent - K.B. Medical Agency
Justice - S.S.GODARA, JM & DR. A.L.SAINI, AM
Citation - 219Taxpundit109
Appeal No. - ITA Nos.1209,1210&1211/Kol /2017
Asstt. Year - 2010-11 to 2012-13

Order

PER : S.S.GODARA, JM

These three appeals filed by the Revenue pertaining to assessment years 2010-11, to 2012-13, and three appeals filed by theAssessee pertaining to assessment years 2011-12 to 2013-14 along with the cross objections filed by the assessee pertaining to assessment years 2010-11 to 2013-14 are directed against the separate orders passed by the Commissioner of Income Tax (Appeals), which in turn arise out of separate assessment orders passed by the Assessing Officer u/s 147 / 143(3) of the Income Tax Act, 1961 (in short the Act).

2. These cross appeals and cross objections, relate to the same assessee, for different assessment years, identical and common issues are involved, therefore these have been clubbed and heard together and a consolidated order is being passed for the sake of brevity and convenience.

4. In these appeals, the Revenue as well as Assessee have raised multiple grounds of appeal, but at the time of hearing the main grievance of the Revenue and Assessee areconcised and summarized. These summarized and common grounds of Revenue, andAssessee are given below: Summarized and Common grounds of appeal raised by Revenue in I.T.A. No. 1209,1210&1211/Kol/2017 for assessment years 2010-11, 2011-12 & 2012-13 are given below:

1. The ld. CIT(A) erred in deleting additions on account of difference insales

a. Addition for assessment year 2010-11 Rs. 45,88,473/-

b. Addition for assessment year 2012-13 Rs. 6,50,172/-

2. The ld. CIT(A) erred in deleting addition on account of difference in purchases.

a. Addition for assessment year 2010-11 Rs. 24,35,545/-

b. Addition for assessment year 2012-13 Rs. 61,323/-

3. The ld. CIT(A) erred in deleting addition on account of difference in closing stock and difference in opening stock.

a. Addition for assessment year 2010-11, Rs. 38,39,828/-, difference on account of closing stock.

b. Addition for assessment year 2011-12 of Rs. 93,80,355/-, difference on account of closing stock.

c. Addition for assessment year 2012-13 of Rs. 93,80,355/-, difference on account of opening stock.

d. Addition for assessment year 2012-13 of Rs.1,36,14,608/-, difference on account of closing stock.

4. The ld. CIT(A) erred in deleting addition on account of difference in sundry debtors.

a. Addition for A.Y. 2011-12 of Rs. 1,65,196/-, on account of difference in sundry debtors.

b. Addition for A.Y. 2012-13 of Rs. 9,06,723/-, on account of difference in sundry debtors.

5. The ld. CIT(A) erred in deleting addition of Rs. 5,00,000/- on account of payment made by partner out of books of accounts (A.Y. 2012-13) Summarized and Common grounds of appeal raised byAssessee in I.T.A. No. 705,706&707/Kol/2017, for assessment years, 2011-12 , 2012- 13 & 2013-14 are al follows:

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