Sayqul Islam Vs ITO

Last updated: 29 December 2020

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Quick Summary

This Income Tax Appellate Tribunal case involves an appeal by Sayqul Islam against an order from the Commissioner of Income Tax (Appeal). The assessee argued that additions made by the Assessing Officer on an estimated basis were unjustified, particularly as penalties already exist for non-compliance with audit and filing requirements. Furthermore, the assessee contended that the CIT(A) exceeded their authority by making directions that affected assessment years beyond the one under appeal.

Court :
ITAT Guwahati)

Brief :
The captioned appeal filed by the assessee, pertaining to assessment year 2014-15, is directed against the order passed by the Commissioner of Income Tax (Appeal)—1, Guwahati, in appeal no. 374494271250118/343, dated 07.02.2019,which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) /147 of the Income Tax Act, 1961 (in short the ‘Act’) dated 27/12/2017.

Citation :
/ITA No.235/Gau/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
GAUHATI ‘E’COURT, ATKOLKATA

BEFORE SHRI A. T. VARKEY, JM &DR. A.L.SAINI, AM
ITA No.235/Gau/2019
Assessment Year:2014-15

Sayqul Islam
Islam Hardware Stores,
Islamnagar, Ahmedpur No.2,
Bangalmore, Assam-787054
PAN/GIR No.: AAWPI 8015 P
(Appellant) ..

Vs.

ITO, Ward-North lakhimpur
(Respondent)

Appellant by : Shri Anil Kumar Agarwal, FCA
Respondent by :Shri T. Hunar, JCIT
Date of Hearing : 19/06/2020
Date of Pronouncement : 31/07/2020

O R D E R

Per Dr. A. L. Saini:

The captioned appeal filed by the assessee, pertaining to assessment year 2014-15, is directed against the order passed by the Commissioner of Income Tax (Appeal)—1, Guwahati, in appeal no. 374494271250118/343, dated 07.02.2019,which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) /147 of the Income Tax Act, 1961 (in short the ‘Act’) dated 27/12/2017.

2. The grounds of appeal raised by the assessee are as follows:

1. For that the ld. CIT(A) was not justified in partially upholding the addition made by the Assessing Officer on estimated basis merely on the ground that the appellant assessee had failed to comply with requirements of law relating to audit and filing of returns, ignoring the fact that separate penalty was prescribed in the Act for the said failures.

2. For that the ld. CIT(A) was not justified in travelling beyond the assessment year under appeal and in issuing directions to the Assessing Officer to disturb the assessments relating to other years.

3. For that the appellant urges leave to raise any further / additional ground before or at the time of hearing of the appeal.

To know more in details find the attachment file

FAQ :

The appeal concerns additions made by the Assessing Officer on an estimated basis, which the assessee claims were unjustified, and directions issued by the CIT(A) that extended beyond the assessment year under appeal.

The assessee argued that the additions were made on an estimated basis despite specific penalties existing in the Income Tax Act for failures related to audit and filing requirements.

No, the assessee contended that the CIT(A) travelled beyond the assessment year under appeal and issued directions to the Assessing Officer concerning other years.

The assessment year relevant to this appeal is 2014-15.