SHRIMATI AMARJIT KAUR W/O BUGAR SINGH, MANSA V. INCOME TAX OFFICER WARD 1(4), MANSA

ITA 01/ASR/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6451 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 28-11-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 01-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. N.K.SAINI, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER WTA NO.01(ASR)/2018 ASSESSMENT YEAR:201 4-15 SH. RAM AGGARWAL, 116, JULLAKHA MOHALLA, JAIN BAZAR, JAMMU. [PAN:AQZPA 9424H] VS. ASST. COMMISSIONER OF WEALTH TAX, CENTRAL CIRCLE, JAMMU. (APPELLANT) (RESPONDENT) WTA NO.02(ASR)/2018 ASSESSMENT YEAR:201 4-15 SH. RAVINDER AGGARWAL 116, JULLAKHA MOHALLA, JAIN BAZAR, JAMMU [PAN:AMXPK 7889C] VS. ASST. COMMISSIONER OF WEALTH TAX, CENTRAL CIRCLE, JAMMU. (APPELLANT) (RESPONDENT) WTA NO.03(ASR)/2018 ASSESSMENT YEAR:201 4-15 SMT. MEENAKSHI DEVI 116, JULLAKHA MOHALLA, JAIN BAZAR, JAMMU [PAN:AASPA 5255H] VS. ASST. COMMISSIONER OF WEALTH TAX, CENTRAL C IRCLE, JAMMU. (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SH. CHARAN DASS (LD. CIT-DR) DATE OF HEARING: 15.10.2019 DATE OF PRONOUNCEMENT: 15.1 0.2019 CONSEQUENTIAL ORDER WTA NOS.01 TO 03 /ASR/2018 (ASST. YEAR: 2014-15) 2 PER N.K.CHOUDHARY, JM: IN THE INSTANTS APPEALS, THE HONBLE JUDICIAL MEMBER AN D THE HONBLE ACCOUNTANT MEMBER CONSTITUTING THE BENCH VIDE THEIR SEPARATE ORDERS DATED 06/02/2019 AND 01/04/2019 PASSED RESPECTIVELY, HAVE TAKEN THE DIVERGENT VIEWS WITH REGA RD TO THE LEVY OF PENALTIES BY THE ASSESSING OFFICER U/S 18 (1) (C) O F THE WEALTH TAX ACT, 1957 VIDE PENALTY ORDERS DATED 21 ST JUNE, 2017, WHICH WERE CONFIRMED BY THE LD. CWT (APPEALS)-5, LUDHI ANA VIDE ITS ORDER DATED 25.08.2015. 2. DUE TO DIVERGENT VIEWS OF THE MEMBERS OF THE BENCH, THESE CASES HAVE BEEN ASSIGNED TO 3 RD MEMBER WHO VIDE HIS ORDER DATED 20/09/2019 AFFIRMED THE LEVY OF PENALTI ES, HENCE, IN MAJORITY VIEW, THE PENALTIES IMPOSED AGAINST THE ASSESSEE S U/S 18 (1) (C) OF THE WEALTH TAX ACT, 1957 BY THE ASSESSING O FFICER AND AFFIRMED BY THE LD. CIT(A) ARE LIABLE TO BE UPH ELD. CONSEQUENTLY, THE SAME STANDS UPHELD. 3. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEES STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.10.2019 . SD/- SD/- (N.K.SAINI) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JU DICIAL MEMBER DATED: 15.10.2019 /PK/ PS. COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THEN CIT(APPEALS) 5. SR DR, I.T.A.T. AMRITSAR 6. GUARD FILE TRUE COPY BY ORDER