Raju Mandol Vs. ITO, Ward-43(3), Kolkata

Parties Involved

Facts Summary

The assessee, Raju Mandol, is an individual who filed his return of income showing a total income of ₹40,120/- as income from business. The Revenue had information that the assessee was the proprietor of M/s. Shree Ganesh Enterprises and had maintained a bank account with the State Bank of India, from which transactions amounting to ₹2,14,61,508/- were made to Everest Trading Company. A notice under section 148 of the Income Tax Act was issued, and the assessee filed another return disclosing a total income of ₹57,780/-. Despite subsequent notices under sections 143(2) and 142(1), the assessee did not comply. The transactions were deemed bogus as the assessee could not provide documentary evidence, leading to the assessment of income of ₹10,73,075/- as accommodation entries, with a 5% commission rate applied. The Assessing Officer assessed the total income at ₹11,30,855/-. The assessee appealed to the Commissioner of Income Tax (Appeals), who dismissed the appeal ex-parte.…

Legal Issues

• 1. Whether the Ld. CIT (A) erred in deciding the appeal ex-parte without allowing the appellant any proper opportunity of being heard.
• 2. Whether the appellant should be allowed to produce additional evidences in terms of Rule 46A of the Income Tax Rules 1962.
• 3. Whether the order passed by the Ld. CIT (A) is bad in law since the Ld. CIT (A) has not decided the issues ground wise in respect of the grounds raised by the appellant in the Memo of Appeal.
• 4. Whether the order passed by the Ld. CIT (A) is not maintainable on the facts and in the circumstances of the case.

Judgment Outcome

Decided in favour of Assessee.

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