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2015 (5) TMI 996 - ITAT KOLKATA

2015 (5) TMI 996 - ITAT KOLKATA - TMI - Undisclosed receipts - stay of demand seeked - Held that:- We have gone through the affidavit of Shri Manish K. Chatwani dated 28.06.2013. We are not sure about the authenticity of the copy of this affidavit. Hence, this affidavit needs verification. Accordingly, Ld. DR was asked to verify this affidavit or the authenticity of this affidavit. The Ld. Sr. DR is also asked to send this affidavit to ITO, Ward 22(3)2, Mumbai and he can call for Shri Manish K. .....

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e AO positively by 10th June, 2015 and accordingly AO will report to the Bench that the payment has been made.

ii) The assessee will pay next installment of ₹ 10 lakh on or before the last day of the month i.e. 30.06.2015. The installments will continue on monthly basis till the disposal of the appeal, accordingly and in case revenue seeks adjournment the payment of installment will be stopped for that month only. - S.P. No. 17/Kol/2015, I.T.A No.369/Kol/2015 - Dated:- 15-5-2015 .....

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rwarding agency. During the course of assessment proceedings, the AO noticed from Form No. 26AS for the FYT 2009-10 relevant to AY 2010-11 that the gross receipt of the assessee firm was to the tune of ₹ 2,31,54,644/- and TDS deducted thereon was ₹ 5,82,192/- . According to AO, the assessee has not disclosed the receipt as well as TDS except a sum of ₹ 1,04,503/- (receipts) and ₹ 2,03,069/- (TDS). The AO required the assessee to explain but he could not and accordingly, h .....

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nts. The assessee in his petition has referred to this fact in para 14, which reads as under: 14. Your petitioner states that the Learned Appellate Authority admitted that the two bank accounts were opened with Saraswat Co-operative Bank, Camac Bhunder Branch at Mumbai vide Account No. 143100100000165 and the Union Bank of India, Bhat Bazar Branch, Mumbai vide Account No. 315901010036770 in the name of Shri Minish Kishorlal Chatwani of Mumbai. Shree Ganesh Karupa Housing Society, B-20, 113 Secto .....

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ority did not consider while passing the Appellate Order which is unwarranted and against the facts of the case. 3. The Ld. Counsel for the assessee also referred to the affidavit of Shri Manish K. Chatwani placed in assessee s paper book at page 47 wherein, according to ld. Counsel for the assessee admitted that this amount belongs to him. The copy of affidavit is enclosed at pages 47 and 48 of assessee s paper book. 4. We have gone through the affidavit of Shri Manish K. Chatwani dated 28.06.2 .....

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