SHRI VIRENDRA SINGH VERMA, AJMER V. INCOME TAX OFFICER, AJMER

ITA 1043/JPR/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3613 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 27-12-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: POONAM RAI DCIT DR DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,O JH HKKXPUN] YS[KK LNL; LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM VK;DJ VIHY LA-@ ITA NO. 1043/JP/2017 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR: 2012-13 SHRI VIRENDRA SINGH VERMA H.NO. 114-B, GALI NO.2, BALDEV NAGAR, MAKADWALI ROAD, AJMER CUKE VS. THE ITO WARD 2(1) AJMER LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AAPPV 6920 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: WRITTEN SUBMISSION (A.D. ON RECORD) JKTLO DH VKSJ LS@ REVENUE BY:SMT. POONAM RAI, DCIT - DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 20/06/2018 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 27 /06/2018 VKNS'K@ ORDER PER BHAGCHAND, AM THE APPEAL FILED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. CIT(A), AJMER DATED 07-11-2017 FOR THE ASSESSMENT Y EAR 2012-13 RAISING THEREIN FOLLOWING GROUND OF APPEAL. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD. CIT(A) HAS ERRED IN:- 1. THE AO HAS NOT BEEN ABLE TO IDENTIFY WHETHER IT IS OF PARTICULARS OF INCOME OR FURNISHING INACCURATE PART ICULARS OF INCOME. ITA NO.1043/JP/2017 SHRI VIRENDERA SINGH VERMA VS ITO, 2(1), AJMER 2 2. CONFIRMING PENALTY U/S 271(1) OF RS. 5,00,000/- WITHOUT APPRECIATING THE FACTS. 2.1 APROPOS GROUND NO. 1 AND 2 OF THE ASSESSEE, THE FACTS AS EMERGES FROM THE ORDER OF THE LD. CIT(A) ARE AS UNDER:- 3.0 DURING THE COURSE OF APPELLATE PROCEEDINGS, T HE APPEAL WAS FIXED FOR HEARING ON 19-07-2017, 14-08-2 017, 28- 08-2017, 11-09-2017, 25-09-2017, 9-10-2017 AND 7-11 - 2017. NO ONE HAS ATTENDED ON ANY OF THE DATE OF HEA RING AND NON WRITTEN SUBMISSION HAS BEEN FILED. THEREFORE, T HE APPEAL IS DECIDED AFTER GOING THROUGH THE PENALTY ORDER, S TATEMENTS OF FACTS AND GROUNDS OF APPEAL AS UNDER. 4.0 THE ONLY GROUND OF APPEAL IS AS UNDER:- UNDER THE FACTS AND CIRCUMSTANCES THE AO HAS ERRED IN LEVYING THE PENALTY U/S 271(1) OF RS. 5,00,000/- 4.1 THIS GROUND OF APPEAL RELATES TO LEVY OF PENAL TY OF RS. 5,00,000/- U/S 271(1) OF THE I.T. ACT. 4.2 I HAVE GONE THROUGH THE PENALTY ORDER, STATEME NT OF FACTS AND GROUNDS OF APPEAL CAREFULLY. IT IS SEE N FROM PENALTY ORDER THAT THE APPELLANT HAD NOT FILED ANY RETURN OF INCOME U/S 139(1) OR 139(4). WHEN THE DEPARTMENT DE TECTED THE TRANSACTION OF SALE OF THE PROPERTY IN WHICH TH E APPELLANT HAS EARNED CAPITAL GAIN, ONLY THEN, THE APPELLANT H AD FILED RETURN OF INCOME ON 8-10-2014 WHICH WAS NONEST IN T HE EYES OF LAW, AS IT WAS NEITHER FILED U/S 139(1) NOR 139( 4). HAD THE REVENUE AUTHORITIES NOT DETECTED, THE APPELLANT WOU LD NOT HAVE DECLARED ANY INCOME TO THE DEPARTMENT. THEREFO RE, I AM OF THE CONSIDERED VIEW THAT APPELLANT HAS CONCEALED THE INCOME OF RS. 23,23,310/- EARNED BY HIM UNDER THE H EAD LONG TERM CAPITAL GAIN. ACCORDINGLY, THE PENALT Y OF RS. 5,00,000/- LEVIED BY THE AO IN RESPECT OF THE CONCE ALED INCOME OF RS. 23,23,310/- IS HEREBY CONFIRMED. ITA NO.1043/JP/2017 SHRI VIRENDERA SINGH VERMA VS ITO, 2(1), AJMER 3 2.2 NONE ATTENDED THE HEARING ON BEHALF OF THE ASS ESSEE. HOWEVER THE ASSESSEE FILED THE WRITTEN SUBMISSION PRAYING THERE IN TO DELETE THE PENALTY CONFIRMED BY THE LD. CIT(A) OF RS. 5.00 LACS U/S 27 1(1)(C ) OF THE ACT. 2.3 ON THE OTHER HAND, THE LD. DR SUPPORTED THE ORD ER OF THE LD. CIT(A). 2.4 WE HAVE HEARD THE LD. DR AND PERUSED THE MATERI ALS AVAILABLE ON RECORD INCLUDING THE WRITTEN SUBMISSION OF THE ASSE SSEE. IN THIS CASE, THE BENCH NOTED THAT THE ASSESSEE HAD NEITHER FILED ANY WRITTEN SUBMISSION NOR ATTENDED THE HEARING BEFORE THE LD. CIT(A). HOW EVER, THE LD. CIT(A) HAS CONFIRMED THE PENALTY OF RS. 5.00 LACS U/S 271( 1)(C) OF THE ACT BASED ON THE MATERIALS AVAILABLE BEFORE HIM AT THE TIME O F HEARING THE APPEAL. SINCE THE ASSESSEE HAS FILED THE WRITTEN SUBMISSION BEFORE US PRAYING THEREIN TO DELETE THE PENALTY CONFIRMED BY THE LD. CIT(A), THEREFORE, IT WILL BE IN THE INTEREST OF EQUITY AND JUSTICE TO RESTORE THE APPEAL OF THE ASSESSEE TO THE FILE OF THE LD. CIT(A) FOR AFRESH ADJUDICAT ION BY CONSIDERING THE WRITTEN SUBMISSION FILED BEFORE THE BENCH. THUS THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ITA NO.1043/JP/2017 SHRI VIRENDERA SINGH VERMA VS ITO, 2(1), AJMER 4 3.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 27-06-2018. SD/- SD/- FOT; IKY JKO HKKXPUN (VIJAY PAL RAO) ( BHAGCHAND) U;KF;D LNL; / JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 27/06/ 2018 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI VIRENDER SINGH VERMA, AJMER 2. IZR;FKHZ@ THE RESPONDENT- THE ITO , WARD- 2(1), AJMER 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.1043 /JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR