Sujit Biswas Vs ITO (ITAT Kolkata) The assessee is a proprietor of Baba Lokenath Sahal Sabji Bhandar and total turnover disclosed by the assessee during the instant financial year were ₹32,00,500/- against the purchases of ₹15,52,770/-. Assessee filed his return at total income at ₹2,92,240/-. The assessee engaged in the business of purchase and sale […]
Assessee is a co-operative Bank. Assessment was completed u/s 143(3) at Rs. 7, 86, 05,056/- after allowing a claim of Rs.23,27,543/- towards contribution towards PACS development fund as business expenditure.
Union of India had launched prosecution u/s 276 (B) of IT Act, against the petitioner. By virtue of section 482 CrPC petitioner requests for the quashing of prosecution.
The assessee filed return for AY 2017-18 declaring Nil income after claiming deduction under Chapter VIA at Rs.13,48,854/- while claiming business loss at Rs.3,56,511/-. Case was selected for scrutiny.
Glass Beads (rockies) were imported against bills of entry. Some quantity which is covered by first of bills was re-assessed at US$ 1.60/Kg while consignment in subsequent shipments was re-assessed at US$ 1.75/Kg.
Finally, ITAT observed that it is not clear from the order of CIT(A) whether any specific notices on specified dates have been issued to the assessee or service of the notices were properly done or not. CIT (A) did not decide the case on merits.
He observed that appellant furnished fake and bogus bills of purchase from purported buyers other than actual suppliers in connection with the export of overvalued goods to claim ineligible drawback.
CESTAT Kolkata rules in favor of Samudera Shipping, stating export occurred with LEO clearance, deleting Rs. 2,00,000 penalty imposed under Section 114 of Customs Act.
In the matter above-mentioned ITAT resored the matter to CIT (A) who did not provide opportunity of being heard by way of video conferencing despite request.
It was argued on behalf of the assessee that the action of AO amounts to a double addition as the claiming of Capital Gains was accurately tendered in the Return of Income.
